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(영문) 수원지방법원 평택지원 2013.05.30 2012고단1249
횡령등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2012 Highest 1249]

1. On June 10, 201, the Defendant, as a person operating the Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd., Ltd. Co., Ltd. Co., Ltd. Co., Ltd., and agreed to set the Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd., Ltd., Ltd.,

However, the Defendant supplied only 595.05 tons among the steel bars kept in custody as above, and embezzled the remaining market value of 133.95 tons by arbitrarily using it without delivering it under a contract with the victim.

[2012 Highest 1461]

2. On October 28, 2010, the Defendant entered into a contract with the representative director of the victim J and the supply of goods (the ownership of the steel bars shall be reserved to the victim) in the non-commercial area, and the victim supplied the steel root raw materials to the victim and supplied them to the victim.

Accordingly, from November 1, 201 to August 26, 2011, the Defendant received supply of 489.980 tons of steel raw materials from the victim on a total of 23 occasions from around 2010 to kept them in custody for processing, and supplied 357.393 tons of steel products processed on a total of 16 occasions from November 15, 201 to September 23, 201, and embezzled by disposing of 120.204 tons of steel raw materials with a market price of 12 million won to other companies at around that time.

[2012 Highest 1492]

3. On April 26, 2011, the Defendant entered into a contract for the supply of steel products to be supplied to the victims after being supplied with steel bars in the Songpa-gu Seoul Metropolitan Government Office, and processed them, and to be supplied again to the victims.

From April 28, 2011 to June 29, 2011, the Defendant supplied the victim with 1,208.355 tons of steel bars and supplied them by processing only the steel bars of 1,157.278 tons, and supplied the remainder 51.07 tons of steel bars and arbitrarily consumed at around that time.

Accordingly, the Defendant embezzled 51.077 tons of steel bars equivalent to the market value of 41,934,110 won.

4. The Defendant around July 25, 2009.

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