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(영문) 인천지방법원 2016.04.07 2015고합739
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year and six months.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

C served as the representative director of the J from around 2005 to May 2013, 201, and engaged in the overall management of the sales, production, shipment, fund management, etc. of asphalt, Defendant A worked for the said I Stock Company as the head of the operating division from August 1998 to October 2013, and Defendant B was engaged in the sales and collection of asphalt from May 1998 to August 2013, and was engaged in the business of issuing tax invoices.

In June 2012, the Defendants sold ices produced by I Co., Ltd. at lower price than 20 to 30% of the market value without issuing a tax invoice. The Defendants, rather than the corporate account of the said company, deposited the amount into the K K Bank account, which the Defendant Company A sought, and conspired to use it for personal purposes by dividing it into the personal purpose.

On July 5, 2012, the Defendants sold an asphalt to L around July 5, 2012, and then transferred the price of seven million won to K’s bank account (M) and deposited and divided it for the said company. At that time, the Defendants arbitrarily withdrawn it and embezzled by consuming it for personal use, such as living expenses, in mind, from the Incheon Roster.

In addition, from around that time to around September 16, 2013, Defendants embezzled KRW 798,968,00 in total by the same method from Incheon, through 113 times, as indicated in attached Table 1 and Table 2, from around that time to around that time, the Defendants embezzled KRW 408,300 over 57 times, i.e., the period in attached Table 1, from around that time to December 31, 2012 (i.e., the Defendant C embezzled KRW 408,308,00 in total). The summary of evidence is as follows:

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the Defendants and N by the prosecution

1.O.

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