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(영문) 수원지방법원 평택지원 2016.06.23 2016고단364

업무상횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a general manager of the GF's economic business division, the agricultural cooperatives located in Ansan-si, who is engaged in the overall affairs of purchase, storage, and sale of grain, and Defendant B is an economic business division of the said cooperative, who is engaged in the affairs of preservation, management, purchase, and sale of grain.

1. The Defendants’ joint crime committed by the Defendants in collusion with the Defendant B, a subordinate employee, sold the so-called “excess rice” in collusion with the Defendant B, in order to arbitrarily appropriate the said amount for entertainment expenses and entertainment expenses, and then arbitrarily appropriate the said amount for the payment of entertainment expenses and entertainment expenses, etc., in case where the NAC purchased rice from its members and going through the construction process in excess of the standard construction rate (15%) in the number exceeding the standard construction rate (15%).

Defendant

A around November 6, 2012, while carrying out surplus rice generated in the construction process for G Nonghyup, A instructed Defendant B to the effect that “A, the counterpart of the agricultural transaction, released part of the surplus rice without any documentary evidence, and released and delivered the price in full to Defendant B by receiving the payment from Defendant B’s personal account.” Defendant B, upon the said suspect’s order, carried out part of the surplus rice to I and received the payment from 1,670,000 won in cash, and then withdrawn it to Defendant A.

The Defendants conspired with each other from around that time to April 2, 2013 and embezzled the amount equivalent to KRW 4 tons of rice, approximately 5,440,000, in total, owned by the Defendant GFF, in the same manner four times, such as the list of crimes in the attached list of crimes.

2. The Defendant’s sole crime committed by Defendant A is economically difficult due to financial investment failure.