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(영문) 수원지방법원 안양지원 2017.09.01 2016고합52
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for a crime of No. 1 in the judgment of the court below, for a crime of No. 2 in the judgment of the court below, 4 months, and Defendant B.

Reasons

Punishment of the crime

On December 5, 2014, Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on December 5, 2014, and on February 2, 2015, Defendant A was finally decided on February 2, 2015.

[Criminal facts]

1. A person who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and Defendant A’s occupational embezzlement were the deceased in the steel distribution industry, but due to the bankruptcy in around December 2, 2013, from around March 2013 to March 2014, work as a managing director of the victim I Co., Ltd. (hereinafter “victim J”) and the victim J Co., Ltd. J (hereinafter “victim J”) and was in general in charge of the affairs related to steel bars, such as the receipts, customs clearance, storage, and sales of steel bars, and the co-offender B was the representative director of the K K which operates the so-called B warehouse business (hereinafter “K”) with knowledge that the Defendant was engaging in the steel distribution business from around 2003 to was assisted by the Defendant in the warehouse business.

On February 2, 2014, the Defendant: (a) voluntarily disposed of the iron bars owned by the victims who were imported and entrusted with the custody of the victims to K; and (b) intended to consume the proceeds therefrom by agreement in criminal cases against himself/herself, personal debt repayment, living expenses, etc.; and (c) “B” to the effect that “I wish to remove the iron bars owned by the victims in advance due to any locked economic difficulties; (b) I would like to respond to the Defendant’s demand that he/she started warehouse business, which he/she had aided the large interest in the steel distribution industry.”

Accordingly, on February 5, 2014, the Defendant requested B to release steel bars from the lower court, and B around February 5, 2014, upon the Defendant’s request, the Defendant made the Defendant’s transaction partner located in Gwangju metropolitan area a shipment of KRW 13,700,960 of the market price owned by the victimJ, and disposed of it by 26.348 tons of the iron bars owned by the Defendant’s transaction partner in Gyeonggi-do [Attachment] as indicated in the list of crimes.

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