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(영문) 춘천지방법원 2013.04.23 2012고단1349
업무상횡령
Text

A defendant shall be punished by imprisonment for four 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

From June 201 to December 201, 201, the Defendant: (a) was the victim C’s field manager performing Line Improvement Works located in the Gyeongnam-gun, Gyeongnam-do; (b) was engaged in the work of entering, leaving, keeping, etc. the iron bars used in the said construction site; (c) the victim was awarded a contract from the Jin-gun, Gyeongnam-gun, Gyeongnam-gun, the Jin-gun Office for Road Management and Maintenance Works, and stored the steel after receiving the steel from the Korean Steel that supplies the steel to the said work; and (d) was trying to arbitrarily remove the steel accumulated in D with the knowledge of whether it actually used the steel at the victim’s request and use it for other construction materials.

On July 15, 2011, the Defendant: (a) around 128.493 tons of steel bars stored in the above D for the purpose of using them for the said construction; (b) around August 18, 2011, the Defendant voluntarily released approximately KRW 19,708,425 tons of steel at the market price of approximately KRW 19,708,425 to 24.75 tons; (c) around September 15, 201, around 201, approximately KRW 22,625,271, and KRW 28.413 tons of steel bars stored in the above D for the purpose of using them for the said construction; and (d) around October 26, 2011, at around 15, approximately KRW 19,708, KRW 365,500 of the market price of the said D to 35,50 tons of personal steel bars; and (d) around around 36, 2011>

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Investigation report (the suspect's telephone statement on the confirmation of the fact, such as the amount of reinforcing, the quantity of steel shipped out, etc.);

1. A complaint;

1. Application of written confirmation of the shipment of iron and transaction Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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