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Defendant
A shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A has served as the representative director of G Co., Ltd. in F, 15 -413 from around 1992 to July 2014, and G is a corporation established for the purpose of excessive manufacturing, etc.
1. The Defendant Embezzlement drafted a subcontract contract in the subcontracted construction contract concluded between the victimized party G and H, which is its business partner, in double form, and made the Plaintiff pay an amount higher than the actual construction price to H from G, which is the stock company, and when receiving a return of the difference from H, the Defendant Company Embezzlement was able to keep the victim in custody for the personal purpose.
Defendant
A, at around 2012, around 2012, around 2012, after G entered into a subcontract for power facility construction contract with H Co., Ltd., with the amount of KRW 32 million, A prepared a subcontract for construction work with the amount of KRW 60 million and paid KRW 60 million to H with the company funds of G Co., Ltd.
Defendant
A around November 16, 2012, after having returned KRW 20 million from H around November 16, 2012, around KRW 8 million around December 25 of the same year, and was used for personal purposes around that time.
As a result, Defendant A embezzled the property of the victim who has been on duty.
2. From December 27, 201 to around the 29th day of the same month, Defendant A: (a) was in the custody of the funds of the victim company from the account in the name of G enterprise bank G, a company that suffered damage, such as the transaction price, transferred from the said business partner; (b) voluntarily withdrawn KRW 50 million from the said account and used them for personal purposes around that time.
As a result, Defendant A embezzled the property of the victim who has been on duty.
Summary of Evidence
1. Defendant A’s legal statement
1. Partial testimony of a witness I;
1. A copy of each contract for construction works;
1. A copy of each bankbook;
1. By customer.