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(영문) 광주지방법원 2016.10.07 2016고합221
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

The Defendant is a DNA representative who is entrusted with the work of transporting the area (hereinafter referred to as “living area”) within the animal fat of the victim from the victim C Cooperatives (hereinafter referred to as the “CF”) from the joint wholesale market located in North Korea’s voice, games, etc. to the CF maintenance plant.

The Defendant, in the process of slaughtering cattle, etc. at a joint market located in Chungcheongbuk-gu voice and Gyeonggi-do, and transporting it to the Campic maintenance plant. The Defendant, from January 1, 2008 to December 7, 2015, intended to cambling out some of the habitats owned by the victim to campic maintenance plant. From January 1, 2008 to January 7, 2008, the Defendant: (a) was working in the E-maintenance plant located in Gwangju North-gu, Gwangju-gu, while carrying the habitats from the said joint market into a Campic maintenance plant; and (b) arbitrarily selling approximately KRW 16,666 kilograms, market price of KRW 5,00,00,000 on his own truck, received deposits, and embezzled them, and then embezzled the total amount of sales proceeds from 16,694, 297, 767, 7067, 707, 757,767

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Investigation reports (Analysis of account details) and accompanying materials, investigation reports (related to identifying the facts of crimes);

1. A report on internal investigation and a contract for transportation of raw local areas;

1. H photographic video storage CDs;

1. Application of each statute on photographs;

1. Relevant Article 3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and Articles 356 and 355 (1) of the Criminal Act (generality, choice of limited imprisonment) are applicable to the crime, and the reason for sentencing of the punishment is as follows;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years;

2. Application of the sentencing criteria [the determination of types] Embezzlement and Misappropriation: Type 4 (at least five billion won but less than 30 billion won) - Aggravated factor:

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