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(영문) 부산지방법원 2016.02.16 2014고합235
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for a term of four years and a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2014 Gohap 235] The defendant is the representative director of F. F. who imports and sells the wire iron.

On November 30, 2012, the Defendant: (a) entered into a contract for the transfer of the iron to keep the said scrap metal and, if necessary, to the victim H who was in a transactional relationship in the F warehouse located in the Guro-gu, Changwon-si; and (b) entered into a contract for the transfer of the said scrap metal with the Defendant to take over the said scrap metal; (c) KRW 200 million on December 7, 2012; (d) KRW 150 million on December 15, 12; and (e) KRW 650 million on December 65, 12; and (e) received KRW 1 billion on the part of the victim’s owner, and thereafter, received KRW 200 million on the part of the victim’s vessel scrap metal 20 million on December 30, 201.

From December 5, 2012 to August 29, 2013, the Defendant released 769,080km (769.08 tons) to the victim over 26 occasions, and embezzled the amount equivalent to KRW 615,460,00 at market price of the remainder iron 1,230,920km (1,230.92 tons) on behalf of the victim and was in custody for the victim at his/her own discretion around that time.

[2014 Gohap 300] The defendant is the representative director of F Co., Ltd., and is the actual operator of I Co., Ltd.

On July 11, 2013, the Defendant entered into a consignment agreement with the Defendant to sell the said scrap metal to the Defendant’s business partner and pay the amount to the victim, upon receipt of the import price for the scrap metal of Russia imported or scheduled to be imported by the Defendant between the victim and the victim, and when the victim entrusts the Defendant with the sale of the said scrap metal, the Defendant sold the said scrap metal to the Defendant’s business partner by attaching a e-mail (at least KRW 20,00 per ton) to the cost for the import of the said scrap metal and by paying the amount to the victim.

1. Pursuant to the above agreement, the Defendant’s embezzlement of some of 2,020 tons of wire iron sales proceeds, which the Defendant imported from Russia on July 11, 2013 and July 12, 2012, 2013, from 1,177,60,000 won for the import of steel 2,020 tons in custody at Russia and imported from Russia, and is in the name of F.

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