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(영문) 수원지방법원 2019.06.13 2018고단7109
업무상횡령등
Text

Defendant

A Imprisonment with prison labor for five months and for four months, respectively.

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

Reasons

Punishment of the crime

C is a company established on March 17, 2009 and engaged in steel processing and distribution business. Defendant A works as an internal director of the above company from March 19, 2012 to March 19, 2012, and is a person in charge of fund management, etc. Defendant B works as the factory of the above company from around October 2013 to October 15, 2017.

1. Joint criminal conduct by Defendant B and Defendant A

A. On July 2015, the Defendants conspired to have the victim C’s business embezzlement by arbitrarily disposing of the steel bars that were returned due to the erroneous processing, etc. without suffering them from the damaged company, even though they were supplied to the D factory located in the Chungcheong voice group.

On July 25, 2015, the Defendants supplied the aforementioned factory to the D Company located in the Cheongbuk-gun, and kept approximately 30 tons of the returned steel products in the course of business, sold them to the scrap metal shop with KRW 20 million and divided the price into KRW 10 million, and used them as living expenses around that time.

As a result, the Defendants conspired and embezzled the property in custody for the victimized company.

B. The Defendants purchased stolen goods at the construction site of the high-speed railway E in Gyeonggi-do, which is located in the construction site of the Seoul metropolitan area in e-mail, and supplied by C upon a request for a discretionary processing from the ordering F Co., Ltd. is owned by the said ordering person or the original contractor G Co., Ltd., and thus, the said team leader of the construction site in question was aware of the fact that the steel bars sold at will are stolen goods, thereby

On November 2015, the Defendants purchased approximately 50 tons of steel bars from H with knowledge of the fact that H arbitrarily cut off the steel bars at the construction site of the above E E, without settling accounts with the said owner company.

Accordingly, the Defendants conspired to acquire stolen goods.

2. Defendant A is at the new construction site of J in Gwanak-gu in Seoul Special Metropolitan City.

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