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(영문) 서울서부지방법원 2015.04.29 2014고단2231
횡령
Text

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 operated D Co., Ltd. from February 2010 to May 2012 from May 2012.

On July 6, 2011, the Defendant entered into a contract with the victim to “G” office operated by the victim F in Sinsi-si on the condition that “from July 6, 2011 to October 5, 201, the Defendant leased 52.744 tons of HG materials from the victim for three months from July 6, 201,” and embezzled the said materials as India-type materials without permission on July 6, 201 at the site of the HG reconstruction construction work in Gangseo-gu, Seoul.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Partial statements made by the witness J in the third protocol of trial;

1. Application of the police protocol of statement to F;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order shall be taken into account the circumstances leading to the case, the scale of damage and the criminal records

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