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(영문) 인천지방법원 부천지원 2018.07.06 2018고단305
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

When the inside director of D Co., Ltd. in Kimpo-si requested from the end of 2012 to damage the victim F and the victim G Co., Ltd. (Representative Director H) for the use of Aluminum scrap, the Defendant: (a) used it to process Aluminum scrap as a non-recil; (b) supplied it to the Samsung Industry Co., Ltd.; (c) supplied it to the secondary processing company; and (d) traded in the way of pressureing the Samsung Industry and supplying it to E Co., Ltd.

By January 2015, the Defendant appears to have instituted a public prosecution only on the basis of the remaining amount supplied by the victims to the second processing company on December 2014, 2014, indicated as “ around December 2014.” However, in full view of the details of the victims’ written complaint, the investigative agency’s statement, and the details of each transaction (the list of evidence: the remaining amount of the evidence: the list of the Alumin scrap) duly adopted and investigated by the court, the Defendant processed the Alumin scrap supplied by the victims from January 2015, which was supplied by the victims to the victims, and then processed the Alumin scrap, which was supplied by the victims to the second processing company, and could not be deemed to have an impact on the Defendant’s right to defense, and thus, it is evident that the Defendant instituted a public prosecution on the basis of the remaining amount, which was finally prevented the victims from delivery. Therefore, it cannot be deemed to have an impact on the Defendant’s right to defense.

In the market price of 98,175,450 won of aluminium scrap 45,663Kg and the market price of 11,812,350 won of aluminium scrap 5,029 Kg at the market price requested by the victim F, and embezzled by arbitrarily disposing of it from December 2, 2014 to February 2015 to the defendant's other business partners.

Summary of Evidence

1. Each legal statement of witness F and H;

1. The end of 2014 or the end of 2015.

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