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(영문) 서울북부지방법원 2018.02.01 2016고정2534
횡령
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who performs tiny works under the trade name of "C".

The complainant, who is the representative of the "E", was awarded a subcontract for the tin construction from G Co., Ltd. with respect to the F new construction works in Gyeonggi-do, and the defendant decided to perform the tin construction works from the complainant.

During the tin construction process, the Defendant entered into a subcontract contract with the 'H' introduced by the Defendant and the c.6,300,000 won by the complainants.

Around November 6, 2014, the complainant paid to the Defendant a full payment of the 16,484,600 won of the construction cost at that time, and embezzled it for personal purposes, instead of paying the remainder of KRW 19,123,00,00 for personal purposes.

Summary of Evidence

1. Each protocol of examination of the witness to the I, D and J of this Court;

1. A copy of the standard subcontract agreement for construction business;

1. Details of settlement of the Ftinite construction work in port;

1. A copy of bankbook;

1. A copy of a contract for construction works;

1. Court rulings (Support for Entry of Suwon Law 2016 Ghana 9412);

1. Documents prepared to prepare K (2016 Ghana 9412, group 9412);

1. Contracts for construction works for stone works and landscaping works (K-E);

1. Details of account transactions in the name of D;

1. Details of payment of cards;

1. Five receipts for holding, and tax invoices and on-site photographs;

1. The application of the above evidence of the law to the extent that the defendant paid the price of tin work, including the price of tin work, by the complainant, to the above company although he was paid the price of tin work, including the price of tin work, in accordance with the above evidence duly adopted and investigated by this Court is not delivered to the above company]

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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