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(영문) 서울동부지방법원 2013.08.13 2013고단447
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is the representative director of the F Construction Office, Co-defendant G is the director of the F Construction Office.

Defendant

G at a coffee shop in which the name near the Gangnam-gu Seoul Southerndong is unknown on May 24, 2012, G entered into an oral contract with the Chairperson I of HJ and CK to order telecommunications fire fighting construction works on the inside of a ship constructed at HJ and K shipbuilding station, and under the premise that H would receive the above construction works, the FF office received KRW 300 million from H for the execution of the construction works from the corporation on the premise that H would receive the above construction works. However, on June 7, 2012, if the construction contract for telecommunications fire fighting was not concluded due to the failure to report the volume list to the scene of the above J and K shipbuilding station, the above KRW 30 million was returned immediately. Defendant G reported the above contents to Defendant A, and then Defendant G sent the above content to the victim with the consent of Defendant A, and thus, it is unreasonable to promptly respond to the above written confirmation that it would have been in the name of the representative director at the construction site until 200 million won.

Nevertheless, on May 24, 2012, the Defendants conspired to receive KRW 300 million from the victim to the foreign exchange bank account (L) in the name of the F Construction Office Co., Ltd., and embezzled the said money on the same day by withdrawing all of the said money for the victim and using it at will to pay the company transaction price, etc.

Summary of Evidence

1. Each legal statement of the defendant and co-defendant G

1. Each protocol of examination of suspect against the defendant and co-defendant G (including substitute part);

1. Each police statement made to M, N, and I;

1. Each investigation report;

1. A certificate, certificate of deposit, and certificate;

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