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(영문) 인천지방법원 2017.07.18 2017고합203

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendant

A Imprisonment with prison labor of two years and six months, Defendant B's imprisonment with prison labor of one year and six months, and Defendant C shall be punished by imprisonment with prison labor of one year and one year.

(b).

Reasons

Punishment of the crime

Defendant

A from November 2008 to October 16, 2016, the head of the division in charge of the business management of the victim I Co., Ltd. (hereinafter “victim Co., Ltd.”) located in H and II in Yangcheon-gu Seoul Metropolitan Government (hereinafter “victim Co., Ltd.”) is a person in charge of purchase, sale, management, business, etc., and Defendant B is the husband of Defendant A, and Defendant C is a person operating K, who is the scrap metal company located in Pyeongtaek-si J.

1. Occupational embezzlement of Defendant A;

A. On August 29, 2013, the Defendant embezzled at around August 30, 2013, KRW 50,000 for 243,840,000 and KRW 100 for poppy equivalent to KRW 2154,240, which was returned to the victim by Dong Steel Co., Ltd. to the victim’s place of business, and then embezzled at will, around August 30, 2013, KRW 50 and KRW 100 for poppy of KRW 20,250,000, which was returned to the victim’s place of business.

B. On July 2013, the Defendant received 293 iron plates equivalent to KRW 1,7322,624, which were returned by M to the injured party at the M’s workplace located in the Sinsi-si, Sinsi-si, 2013, and embezzled the said 293 iron plates to C at his own discretion on September 24, 2013, while the Defendant was in the custody of the injured company for the injured party at the storage of Young Steel, Young-dong, Co., Ltd., Ltd., which was located in the Sinsi-dong, for the sake of the injured party.

2. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and Defendant B’s occupational embezzlement;

A. Defendant A’s sole criminal act committed a single transaction of steel products supplied by the parties to the purchase transaction of the victim’s company after the victim’s death was directly traded by the parties to the purchase transaction.

It was intended to sell to C by way of delivery.

On March 21, 2014, the Defendant received orders from the victim company office 7,630,000 won of 7.636,860 won for poppy equivalent to 90,7307,520 won, and received orders from the victim company, and kept the above C in the course of business on behalf of the victim company, around March 21, 2014.