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(영문) 수원지방법원 성남지원 2018.08.23 2018고합89
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

The Defendant, from November 2004 to February 201, 2017, worked as the head of the business division of the victim Fain-gu Seoul Special Metropolitan City E-building Section 1107, and was engaged in the business of selling semiconductor parts of the damaged company.

The injured company has imported semiconductor parts from Japan, etc. and sold them to domestic subcontractors with profits. During that process, in order to prevent the partner from complying with the payment period required by the subcontractor, the partner can secure a certain amount of quantities for each partner in advance. Before a regular order order for semiconductor manufacturing parts is issued by the subcontractor, the partner in charge prepared a prior order for semiconductor manufacturing parts in advance in order to secure the quantity, and then introduced a separate method of keeping the corresponding quantity under the management of the partner in question.

The parts released from the warehouse of the company should be recovered in accordance with the order order and funds when the order is entered from the subcontractor in the future, and if there is a difference between the expected advanced quantity and the actual quantity of delivery, it should be stored in the inventory management. However, the damaged company did not properly conduct inventory inspection and management.

Based on these points, the Defendant used this point, in order to gain profits by selling the parts that he has secured, after deducting the parts of the damaged company from the future.

On August 14, 2013, the Defendant: (a) embezzled a semiconductor manufacturing part (KD4CS-VFA -EP) equivalent to KRW 24750,00 in the market price of semiconductor manufacturing (KD4C-VP) imported to the victimized company by prior order method; and (b) embezzled it in the way of selling the compact to the United States of America through the cooperation company, a partner company; and (c) up to December 12, 2016, by December 49, 2016, as indicated in the list of crimes in the attached list of crimes, the Defendant is a partner.

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