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(영문) 인천지방법원 2014.07.03 2013고단4859
횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In 2006, the defendant worked as a staff member of G who was awarded a contract for the removal of the E construction works executed by the new construction company at the same time, and who was the representative director of F. The above construction works.

The above D received one promissory note which causes 100 million won in par value of the construction price from the Dong New Construction, and requested a discount from the I who operates H.

However, I would not pay the discount amount, but D would urge I to pay the discount amount.

D Around 17:00 on March 19, 2006, at the same place of the Dong of Dongdaemun-gu Seoul Metropolitan Government, K, an agent of the I, delivered a promissory note with the face value of 60,000,000,000 won of the issuance of the LAC industry in lieu of the above discount of the bill, but this bill was revealed as a bill of the breabbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbur, and upon finding I together with Defendant and G in the H office of the LAB in the Gu-U.S. on March 23, 2006, additionally delivered

D Upon completion of the above construction, the Defendant and four persons, including D, G, and K, etc., shall gather on April 27, 2006, to file a civil suit against I on the basis of the above bill, and upon agreement to the effect that "if the construction work is collected against I, the collection shall be distributed to I according to their respective agreements, and the lawsuit for collection shall be delegated to A," and D shall prepare a written agreement to the effect that "A, A, K, and F, which shall be subject to the agreement of each party, shall be entrusted to A," and D shall, on April 28, 2006, delegate the above lawsuit to the Defendant at the Sea-dong Law Firm, in the Nam-gu, Incheon, Nam-gu, Incheon, No. 243, in order to draw up the authentic deed of promissory Notes issued by the F, 76.5 million

Accordingly, according to the above agreement, the defendant brought a lawsuit claiming a promissory note amounting to KRW 50 million on July 23, 2007 against H (representative L) in Daegu District Court Kimcheon-gu, which is endorsed by the company, based on one of the said promissory notes issued by the company.

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