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(영문) 창원지방법원 2020.04.09 2020고합9

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendant

A and B shall be punished by imprisonment with prison labor for two years, and by imprisonment for ten months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

[Criminal Power] On July 10, 2018, Defendant C was sentenced to a suspended sentence of two years for a violation of the Occupational Safety and Health Act, etc. at the Changwon District Court Branch for the violation of the Occupational Safety and Health Act, and the said judgment was finalized on the 18th of the same month.

【Criminal Facts】

1. Defendant A and B’s joint criminal-related victim D is a company producing valvess, presses, etc., consisting of aluminium as a component of automobile parts. Defendant A is a general team leader of the victim company located in Seongbuk-gu, Changwon-si from April 1, 2016 to October 31, 2018, and Defendant B is a person engaged in the business of selling, etc. by-products, yeast chip, which are by-products generated in the course of the manufacture of automobile parts, from April 1, 2016 to November 30, 2018.

On May 3, 2017, the Defendants: (a) purchased Alumin chips from the vehicle of the following company that selects an enterprise which is able to deal with data without data; (b) disposed of Alumin chips from the victim company's sunset by arbitrarily removing the records of voluntary removal recorded in the prior system of the victim company; and (c) sought to divide the consideration therefor. Accordingly, around June 3, 2017, Defendant A registered G truck of the victim company "F" as if the victim company was the vehicle of H, a company that sells Aluminium chips from the victim company, and removed the details of voluntary removal from the prior system of the victim company's company established in the guard room from the total market price to July 2, 2018, Defendant A arbitrarily removed the total amount of KRW 6,041,700,000 from the market price of H, and removed the details of voluntary removal from the victim company's KRW 1630,610,700,00 from the market price.

As a result, the Defendants embezzled the property of the victim company, which was in his/her custody, and damaged the special media records.