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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is as follows: “No. 26, 2013.1” in Part 3, No. 8 of the judgment of the court of first instance, shall be deemed as “No. 23, 2013.1.1.23,” and the reasoning of the judgment of the court of first instance is as follows, except for adding the following judgments as to the assertion that the Defendant emphasizes or added in the trial, and thus, it shall be cited as it is in
The summary of the Defendant’s assertion on additional determination is KRW 155,00,000 (i.e., KRW 775,000,000 x 20%). Therefore, the amount should be deducted from advance payment subject to return.
In addition, since the Plaintiff’s advance payment of KRW 10,00,000 paid to the Defendant on December 23, 2013 was specified as the drawing production cost and the Defendant completed the drawing production, the above amount should also be deducted from the advance return subject to return.
Judgment
According to the statements in Eul evidence Nos. 4 and 14-2 as to the mutual aid for the payment of the subscription price, the above court concluded a contract on July 8, 2016 between the victim G around December 2013 and the new company that received materials from the victim and produced the main household within 155 households of D apartment newly constructed in Young-si Co., Ltd., Ltd. (hereinafter referred to as "the defendant's representative director") in the case of embezzlement Nos. 4 and 14-2.
Defendants from January 7, 2014 to the same year
2. The same year from January 20, 2014 to January 20, 2014 while being supplied with and stored for the victim with PB or MDF materials equivalent to a total market value of KRW 175,897,975, which entered into a supply contract with the victim until July 20,
2. By October, 2010, PB and MDF materials equivalent to the total market value of KRW 96,530,500 were used for apartment construction in friendly Construction Co., Ltd., in which B had been carried out at family level, and embezzled the above materials owned by the victim by arbitrarily consuming them.
“The above Defendants are convicted of the facts constituting the crime.”