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(영문) 서울중앙지방법원 2015.07.03 2015고합95
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. Defendant A

(a) The punishment of the accused shall be two years of imprisonment;

(b) provided, however, that this judgment has become final and conclusive.

Reasons

Punishment of the crime

Ⅰ. The Defendants’ status as the representative director of (ju) M, who operates the L Depository, which is the government depository of the Hyundai Steel, shall exercise overall control over M’s business as the representative director, and is the representative director of (ju)O established for the purpose of the sale and lease of real estate and warehouse business in N in Gyeonggi-gun.

Defendant

B) The chief of the Department of M shall be responsible for the supply of steel bars at the construction site.

Defendant

C is the representative director of (ju) Q as the contractor of the “P New Construction Corporation” ordered by Seocho-gu Seoul Metropolitan Government.

Defendant

D is the field agent of S (State) who is the contractor of the R&D project ordered from May 2009 to July 201 by Sungnam-si.

Ⅱ Criminal facts

1. Defendant A’s victim (owner) embezzlement of O funds made an order for the construction of the new warehouse by the Plaintiff around April 14, 2007 as the representative director of the victim (owner) and concluded the construction contract with T (owner U) and the construction cost of KRW 11.935 billion with U on April 1, 2008, the said construction cost was changed to KRW 14.85 billion upon request from U on April 1, 2008.

Around June 10, 2009, the Defendant issued a note 237,060,593 won in the face value (W/L number on June 5, 2009, and November 5, 2009) and a note 300 million won in face value (the issue date, June 10, 2009, Nov. 10, 2009, and the bill number X) to the MM office operated by the Defendant, under the pretext of the capital warehouse construction cost, and used the Defendant’s debt repayment, etc. at his/her own discretion around September 2009 after obtaining two copies of the above promissory note from U.S. to return it on behalf of the victim.

As a result, the Defendant embezzled KRW 537,060,593 of the Company Fund in the course of business for the victim.

2. Defendant A, B, and C’s joint crimes are completed at the construction site of a public institution and provided by the Public Procurement Service, and the terms and conditions of the contract under Article 13 of the General Terms and Conditions of the Accounting Rules of the Ministry of Strategy and Finance.

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