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(영문) 서울서부지방법원 2013.11.06 2013고합169
업무상횡령등
Text

Defendant

A Imprisonment with prison labor for three years and for four years, respectively.

Reasons

Punishment of the crime

Defendant

A, from September 2010 to November 2012, 2012, while serving as the principal agent of the purchasing team at the victim at the victim at the (ju) Ha, the manufacturer of electronic parts and V and flaps, was engaged in the business of purchasing, receiving, returning, etc. the raw materials, and Defendant B was engaged in the business of purchasing, supplying, and selling, etc. from October 2010 to November 201, 201, while serving as a regular business in the manufacturing chain of “A” from around 2010 to around 2012.

1. The Defendants decided to divide the proceeds of the occupational embezzlement into two parts after (1) H voluntarily sold in scrap metal by taking away any materials supplied by (2) I and (3) from the main steel and then (4) the proceeds of the sale.

On August 23, 2012, at the (ju) H office located in the Seo-gu Incheon Seo-gu, Incheon, Defendant A entered the goods into the computer as if the fruit materials supplied by Note A were normally stored, and Defendant B sold them to the delivery vehicle by deducting them separately, and Defendant B sold them to the scrap metal.

In addition, from January 201 to the above temporary date, the Defendants conspiredd to sell approximately KRW 338ton of the supply price owned by the victim (hereinafter “victim”) and embezzled by selling it at will at least KRW 500 million in excess of the supply price owned by the victim (hereinafter “victim”).

2. The Defendants in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) prepared a pre-mark as if they were supplied with any excessive materials more than that actually supplied by H I from (State) I, or prepared a pre-mark as if they were supplied without any fact of being supplied at all, and decided to have H pay the difference in accordance with the false pre-mark and to have H receive the difference.

Accordingly, Defendant A prepared a list as if he had been supplied with excess materials in a normal manner from Section I, and Defendant B supplied to Section I’s representative to Section H, “A” directly supplied to Section H, and Defendant A received the payment for excess materials from Section I.

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