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(영문) 부산지방법원 2013.10.18 2012고합840
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

An application filed by an applicant for compensation shall be dismissed.

Reasons

The summary of the facts charged is that the Defendant entered the F in 2003. Around December 2, 2003, the Defendant was engaged in the business of supplying and receiving money from the affected company’s customers at the branch of the victimized company located in Busan Western-gu, Busan, for the purpose of wholesale and retail business of fishery products, etc. (hereinafter “victim”). Around December 2, 2003, E became a member of the victim D (hereinafter “victim”) for the purpose of wholesale and retail business of fishery products. From that time to November 2, 201, the Defendant was engaged in the business of supplying and collecting money from the affected company’s customers

The defendant, a real operator of the damaged company, has a head office of 2607, Seo-gu, Busan, Seo-gu, in order to conduct the business of exporting and importing frozen fishery products, and to perform the business of supplying fishery products and securing customers to restaurants in Busan, etc., and even before January 2007, the defendant deposited only part of the amount into the damaged company's corporate account or cash, and deposited it into the damaged company for personal use, and the remaining amount was difficult to consume. In order to facilitate embezzlement of the price of goods from the damaged company, the defendant started to conduct the business as if he supplied fishery products to the customer of the victimized company in I, not the victimized company, by making the name and name of the victimized company from January 207, 207, and by making it possible for I to deliver fishery products to the customer of the victimized company.

In the meantime, on January 15, 2007, the amount of KRW 780,000 is deposited in the Busan bank account in the name of the defendant from the J restaurant, which is the customer of the victimized company, to the Busan bank account in the name of the defendant, and on January 16, 2006, the next day is deposited in the Busan bank account in the name of the defendant from the K cafeteria, which is the customer of the victimized company, to the Busan bank account in the name of the defendant, and the money is transferred to the damaged company's corporate account on January 16, 2007, and the remainder is personal use.

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