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(영문) 광주지방법원 2016.07.21 2016고단1931

업무상횡령등

Text

Defendant

A Imprisonment for one year, Defendant B shall be punished by a fine of 3,00,000 won, and Defendant C shall be punished by a fine of 2,00,000 won.

Reasons

Punishment of the crime

1. Defendant A was a person who was in charge of the operation of local machinery belonging to the Gun environment of Jeonnam-do, and was engaged in the inspection and classification of waste in the sanitary reclamation site in the Namnam-do before July 1, 2012 through November 27, 2015, as the competent officer, in the sanitary reclamation site in the Namnam-do, and engaged in the management of vehicles for collecting waste.

A. At around 11:43 on April 16, 2013, the Defendant entered into an entrustment contract with the victim E-Gun (the representative I) on the quantity of recycled scrap metal cans received from H scrap metal through a public tender, and kept them for business purposes for the said victim, the Defendant sold at will the metal cans received from H scrap metal for KRW 1,00,000 to L operating the K scrap metal located in J, and then sold the proceeds of sale to the Defendant’s agricultural bank account (N) from L’s children from December 11, 2012 to March 31, 2015, and sold the proceeds of sale to the Defendant’s agricultural bank account (N) for KRW 370,000,000 after selling them to 1,000 at will.

2) On April 25, 2014, the Defendant embezzled KRW 510,00,00 from L to the Agricultural Cooperative Account in the name of the Defendant, while receiving KRW 510,00 from L to the Agricultural Cooperative Account in the name of the Defendant for the Victim E, while he/she arbitrarily consumed the above fee, from July 1, 2012 to November 27, 2015, the Defendant used the fee for disposal of large waste stored for the Victim E on nine occasions as shown in the attached Table of Crimes (2) for the purpose of personal consumption of the charges for disposal of large waste stored for the victim E on nine occasions from July 1, 2012 to November 27, 2015.

(b)prepare false official documents;