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(영문) 인천지방법원 2014.07.09 2014고단362
횡령등
Text

A defendant shall be punished by imprisonment with prison labor for eight 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

1. On March 29, 2007, the Defendant of the 2014 Highest 362 Incident decided to enter into a lease agreement for one-month lease between employees E of the Victim (Representative D) C (Representative D) and F with respect to lower-age of KRW 40 million at the market price owned by the victim, and the same year;

4.2.As F was leased by F, it was used by F from F the above river.

After that, even if the victim and the F were requested by F for the return of the said sub-payment on May 1, 2007 at the end of the term of lease between the victim and the F, the return shall be refused without good cause;

Ultimately, around April 2008, 36 million won was received and embezzled by discretionary disposition to others.

2. From March 16, 2013, the Defendant had been engaged in the business of procuring labor workers for the victim G stock company from around March 16, 2013, and raising workers for the victim, and having been engaged in the business of receiving remittance of labor expenses to be paid from the victims to the labor workers.

On October 22, 2013, the Defendant transferred 41,349,418 won to the account of community credit cooperatives (Account Number H) in the name of the Defendant and was in the custody of the victim for business purposes. At that time, the Defendant consumed the personal use of his card payment, monthly rent, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

"2014 Highest 362" Cases

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. Each complaint, each equipment lease contract, and each document evidencing the content of the case "the 2014 Highest 1614" case;

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to a complaint, a fact-finding certificate, a written statement of payment of labor cost, and a statement of transfer of labor cost for September;

1. Relevant legal provisions concerning criminal facts, Article 355(1) of the Criminal Act (the point of embezzlement), Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), and the choice of imprisonment with labor.

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