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(영문) 인천지방법원 2015.11.05 2014고단6030

횡령

Text

A defendant shall be punished by imprisonment for one year.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On July 3, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for a violation of the Customs Act at the Incheon District Court, and the judgment became final and conclusive on December 31, 2014.

[Criminal Facts] To the extent that there is no risk of actual disadvantage to the Defendant’s exercise of the Defendant’s right to defend, the Defendant was a ship of Chinese nationality. However, around 197, the Defendant acquired the nationality of the Republic of Korea by marriage with a male of the Republic of Korea with a female of the Republic of Korea, and was engaged in the actual operator while using a general interest position of a company of “E” located in the Chinese Cheongdo (hereinafter “E”).

On May 2013, the Defendant came to know D (former name: G) as the representative director of the F Co., Ltd. F (hereinafter “victim Company”) and continued to contact D with the said D with the Kakaox, telephone, etc., the Defendant had been in full charge of purchasing foreign capital and selling foreign capital to the Korea Agricultural and Fisheries Distribution Corporation. On November, 201, the Defendant was able to pay a large amount of money to the effect that “the foreign capital has been invested in the domestic and foreign capital purchase and public auction, and the domestic and foreign capital has been sold, and the amount of money has been invested in the Kaox, the plenary, the plenary, the pion, the national flowers, etc. has been sold, and 20 million won has been invested in the same week.”

On September 2013, the Defendant: (a) around September 2013, between D and the representative of the Victim Company that believed the Defendant’s horse in the Lane of a hotel in the Chinese Cheongdo; and (b) between D and D, the Victim Company shall transfer funds, etc. necessary for the purchase of the highest high-level high-level high-frequency to E; (c) after purchasing 700 tons of the Victim Company’s above funds in a double-frequency and 300 tons of the two-frequency with E funds because there is a concern that leakage may occur in the process of sorting up at least 90cm in size; and (d) if the Victim Company wishes to sell local internal waters or purchase foreign capital in China, E shall be determined by mutual consultation; and (c) if the Victim Company wishes to import, E shall send 700 tons of the two

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