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(영문) 서울서부지방법원 2014.02.07 2013고단3008
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, from June 8, 2006 to February 2, 2007, has been engaged in the management of human resources and materials and the distribution of the additional construction cost to subcontractors from the above church, as the director of the dispute settlement department in charge of the construction of the C church education center and the construction of the parking lot extension in Dongdaemun-gu Seoul Metropolitan Government.

On September 28, 2006, the Dispute Resolution D Co., Ltd. entered into a subcontract agreement with the victim F-BB and the building attachment work among the extended construction works in the Geumcheon-gu Seoul Metropolitan Government E-building No. 806.

From December 29, 2006 to February 27, 2007, the Defendant rejected the demand from G, the representative director of the victim company, for the payment of the above additional construction cost of KRW 210,000,000,000 for the above victim company, after receiving the payment of the additional construction cost of KRW 35,000,000,000 from C Educational Meeting, including the additional construction cost of KRW 35,000,000 for the victim company.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. An investigation report (to hear statements from the H relative telephone in charge of the opening work cost);

1. Application of a written estimate for change, notification, confirmation, statement of additional construction works by an education center, written agreement, receipts, and details of transactions under statutes;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act;

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