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(영문) 수원지방법원 2016.08.25 2016고단1410
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 3, 2013, the Defendant made a proposal to the effect that “A” introduced through a land owner via a land owner offered land as security to a steel company, sold steel materials supplied to the steel company, and paid the purchase price for the said land with profits therefrom, and C consented thereto with respect to the remaining money, including genetic exchange, in which three divideds: (a) and (b) on September 3, 2013, the Defendant established D Co., Ltd. for the purpose of steel products wholesale and retail business, etc.; and (c) the Defendant carried out the overall business of steel products sales and marketing, etc. from the said company.

On November 7, 2013, the Defendant received 2796/7421 of the shares in Pyeongtaek-si land owned by C in the name of an agricultural company D, and provided collateral to G operating F, thereby establishing a right to collateral security, and concluded a steel re-supply contract between F and the victimized company on December 6, 2013. However, the Defendant expressed his/her intent to reverse the contract due to lack of collateral security, and transferred the right to collateral security in the name of F to Steel Co., Ltd., Ltd., on December 6, 2013; entered into a steel supply contract between the Steel Co., Ltd. and the victimized company; and subsequently, the Defendant was supplied with steel materials in an amount equivalent to KRW 200 million in total after concluding a steel supply contract between the Steel Co., Ltd. and the victimized company.

The Defendant received steel materials equivalent to KRW 123,453,716 at the market price from the Steel Co., Ltd. from around December 16, 2013 to January 15, 2014 and kept in custody for the victimized Company for business purposes. The Defendant disposed of the said steel materials at will to F Co., Ltd. located in Ha in Hysungsung, and received the sales proceeds from the said goods to the account in the name of “I” operated by the Defendant.

Accordingly, the Defendant embezzled the property of the victimized company.

2. The Defendant’s fraud is Seoul around April 11, 2014.

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