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(영문) 대구지방법원 김천지원 2015.02.11 2014고단1173
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is the representative director of the Dispute Resolution D who conducts the manufacture, processing, and sale of steel products in Kimcheon-si.

At around 2010, the Defendant received unreasonable bank loans while building a new factory and purchasing new machinery, and thereafter sold iron bars that have been processed by a trading company in another place due to the reason such as repayment of principal and interest on the loan.

1. Occupational embezzlement;

A. A. Around May 2010, the Defendant entered into a contract to process and supply the victims' savings banks after receiving the closure from the gold industry, and has been engaged in the steel processing and supply business according to the above contract.

From May 1, 2010 to April 2014, the Defendant: (a) received a total of 3628.150 tons from the victim’s factory in the foregoing D Company; (b) sold and embezzled the total of 185,335,800 tons of the market value of the said steel (650,000 won per ton) from July 17, 2010 to June 18, 2014 by selling at will a total of 185,335,80 tons of the steel market value during the said steel; and (c) embezzled it by selling at will the same time the total of 285.132 tons of steel in the steel distribution company, such as the gold-gu Steel.

B. On September 20, 2012, the Defendant entered into a contract for processing and supply after receiving the closure from the Dispute Settlement Bank Development Co., Ltd. and entered into a contract for processing and supply of the said contract, and has been engaged in the business of processing and supply of the said contract.

From September 20 to June 13, 2014, the Defendant: (a) received a total of 2,292.392 tons of steel bars from the victim at the pertinent D Company’s factory from around September 20, 2012 to around June 13, 2014; (b) sold and embezzled at will a total of 121,42,60 won (650,00 won per ton) of the market price during the said steel bars to a distribution business entity, including E, and kept them for the victim.

C. On October 30, 2013, the Defendant entered into a contract to process and deliver the same after receiving the closure from the construction of the victim fund management committee, and according to the said contract.

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