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(영문) 대전지방법원 천안지원 2017.05.24 2016고합245
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendants shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

Defendant

A is the representative director of the F Agricultural Partnership in Seo-gu, Seoan-gu, Seocheon-si (hereinafter referred to as the “instant Partnership”), and Defendant B is the director of the instant Union.

On October 2015, the Defendants entered into an “G contract” with the Chungcheongnam-nam Regional Headquarters of the Agricultural Cooperatives Federation, and the Republic of Korea purchased rice at the market price and reserved by the private sector (hereinafter referred to as “public grain reserve”) at the price in order to prepare for unrefford supply and demand due to the shortage of grain and emergencies, such as natural disasters, the Defendants kept the amount equivalent to KRW 1,254,218,821 at the market price of 4 April 4, 2074 for the victims of the instant association’s storage tower (g) and 2 and 3.

On the other hand, the Defendants were urged to pay credit to the above farmers because they failed to pay credit to them, which are business partners, and the Defendants sold public reserved grain in custody for the victims and were willing to pay credit to the above farmers.

On January 13, 2016, the Defendants embezzled for sale of rice of KRW 14,400 g and rice of KRW 19,862 g and rice of KRW 21,600,00 in total to H “H” among the public reserved grain kept for the victim as above, and then, from around that time to May 7, 2016, the Defendants corrected “97,148 g” of the instant indictment to “97,148 g” as stated in the list of crimes in the attached Table of the crime from around 1, 2016.

(hereinafter the same shall apply)

B sold 1,107,429,734 won in total.

As a result, the Defendants conspired to embezzlement 974,148km owned by the victim, and used and disposed of grain for purposes other than those designated by the Minister of Agriculture and Forestry.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I and J;

1. Accusation against the violator of the Grain Management Act;

1. Mountain public stockpile in 2015;

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