beta
(영문) 광주지방법원 2014.08.22 2013고합503

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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

While the Defendant was operating the said Company as the representative director of D Co., Ltd. and E Co., Ltd. with the main business type of steel processing, the Defendant disposed of the steel bars that were kept in his business by receiving a request from the victim construction companies due to financial difficulties, such as taking the debt amounting to KRW 600 million due to the failure of the trading company from mid- March 2013 and taking the debt amounting to KRW 600 million.

The Defendant, “2013 Highest 503” from March 11, 2013 to March 30, 2013, at the E plant located in Gwangju Mine-gu E, and at the time from January 24, 2013 to March 12, 2013, the victim G corporation arbitrarily disposed of KRW 1,146.42 tons at the market price of 859,816,500 for the victim, who was processed from January 22, 2013 to March 12, 2013, and embezzled the amount of KRW 2,74.65 tons at the time of business, all of which were requested by the construction company for processing from eight victims, as described in the list of crimes in the attached Form.

around February 2010, the Defendant requested the victim H Co., Ltd. to purchase the iron bars sold by the Defendant Company. On February 24, 2010, the victim company purchased 193,150,489 g from the Defendant on February 24, 2010, the victim purchased 264,846 g of the iron bars equivalent to the market price of KRW 193,150,489. The victim, the owner of the said steel bars, kept the said steel bars in E Co., Ltd. on the same day in accordance with the above contract for safekeeping of the steel bars concluded between E Co., Ltd.

From February 24, 2010 to March 26, 2012, the Defendant arbitrarily sold and embezzled 184,119kg of iron bars equivalent to KRW 134,406,870, the market price of the victim’s possession while on duty for the victim according to the aforementioned steel root storage contract at E Co., Ltd., Ltd. located in Gwangju Mine-gu F.

Summary of Evidence

"2013, 503"

1. The defendant;