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(영문) 부산지방법원 2012.11.30 2012고합577

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a representative director in the name of the Geum-gu Busan Metropolitan Government C Co., Ltd. (hereinafter referred to as the "C").

1. Damage to property;

A. At around 17:20 on February 23, 2012, the Defendant requested the president of the above victim (State) C office from D, the actual operator of the company, to transfer 80% of the shares of the company in the name of D in the name of D’s family, and harming its utility by getting off seven points of office fixtures equivalent to the total market price of KRW 6,600,000, such as the book, owned by the victim by using the network.

B. On February 24, 2012, the Defendant’s office at the president of the above Victim (C) C around 08:30.

For the same reason, the victim's market price was 300,000,000 won and the entrance of the president's room was damaged.

2. On February 24, 2012, around 08:30 on February 24, 2012, the Defendant stolen the victim’s property with one computer body equivalent to KRW 400,000, market price of KRW 700,000, which was owned by the victim, at the said victim’s office (ju) office, and with a document file related to the victim’s business (related to the establishment of a corporation, sales agreement file, and agency contract file, etc.).

3. Interference with business;

A. On February 24, 2012, from around 08:48 to 09:20 on the same day, the Defendant was unable to enter the said victim’s (C) vehicle and clothes delivery vehicle by preventing the entry of the said victim’s (C) access vehicle into the said victim’s (C), and obstructed the victim’s business by force.

B. On February 26, 2012, around 12:00, the Defendant interfered with the victim’s sales business by force by way of replacing one of the victim’s credit card terminal devices installed at a (ju) consignment store managed by the FF of the victim F, who was located in the Geum-gu, Busan, by means of replacing one of the victim’s credit card terminal devices.

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