logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.08.21 2014고단1875
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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

C Co., Ltd. had been awarded a subcontract for the installation of underground tracks from the above Jin Construction in Songpa-gu Seoul District Court Decision 920 U.S. and 934 U.S. Construction Co., Ltd., Ltd., which had been awarded a contract by the victims of the Korea Electric Power Corporation, from May 201, and had been performing construction from May 201. The Defendant was the manager of the above C to engage in the field supervision and material management.

around October 2012, the Defendant transported waste wires equivalent to KRW 40,027,974, such as clothes, electric power lines, and electric cables, which are owned by the victim and remaining after being supplied with materials as a construction work site, over 20 times, to the warehouse managed by the Defendant in the Gyeonggi-do, Gyeonggi-do, in order to return to the victim, and sold them to approximately KRW 30,000,000,000,000 in total on the top of the body around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes governing the contract for construction works, the general list on request for return and keeping, the request for return and keeping, and the general list on completion;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines [decision of type] Embezzlement Embezzlement (decision of less than KRW 100 million] Basic field of the crime of embezzlement (decision of the recommended field] [the scope of the sentence of recommendation] 4 months to 1 year and four months;

2. The fact that the defendant is led to confession and is against the sentence, there is no record of punishment for the same kind of crime or of punishment exceeding the fine, the damage can be recovered through the settlement of the construction cost after the next, there are some circumstances to consider the circumstances of the crime in this case, and the age, character, character, occupation, intelligence and environment of the defendant, and other circumstances.

arrow