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(영문) 대전지방법원 공주지원 2020.02.12 2019고합32
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. The Defendants’ co-principal conduct: Defendant A, as the representative director of the Victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) for the purpose of the container chain manufacturing business, etc. located in Co., Ltd. in Co., Ltd. in Co., Ltd. in Co., Ltd. in Co., Ltd. in Co., Ltd. in Co., Ltd., Ltd., a shareholder holding 10% of the shares of the Victim Co., Ltd.; Defendant B, the representative director of

The Defendants appropriated excessive service charges to H, a corporation sending human resources to the victim company, and remitted them, and Defendant A conspired to receive the difference and use it for personal use.

According to such public offering, around May 8, 2018, Defendant B sent KRW 15,690,000, and KRW 49,791,170,000 from the above office of H to the M association account (N) of H, and Defendant A returned KRW 15,690,000,000, in total, from the victim company’s office to the victim company’s M association account in cash, after receiving a false demand for payment from the victim company, as Defendant A sent the victim company to the production worker at the victim company’s factory, and from the victim company’s awareness of the victim company, Defendant A received a false demand for payment for completed portion as if he dispatched L and two persons, other than L, to the on-site worker at the scene of the victim company’s awareness. Defendant A returned the above false worker’s service price of KRW 15,69,00,00 from the victim company’s office to the victim company’s office until May 10, 2018.

Accordingly, the Defendants conspired and embezzled the funds of the victim company in the occupational custody of Defendant A.

2. Defendant A. A.

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