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(영문) 수원지방법원 2014.04.25 2013고합446
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is a person who has operated K Co., Ltd. (hereinafter referred to as “K”) for construction waste transport and interim disposal business in the J in terms of harmony.

1. From December 29, 2004 to December 18, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) paid waste disposal fees or transportation expenses, oil expenses, etc. collected in the process of waste disposal or waste disposal to the said K office or to the customers in excess of the actual amount, and then refunded the difference and deposited KRW 10,910,687,202 in 21 accounts, including the Agricultural Cooperatives in the name of L, as shown in Table 1 of the Crimes List 1, and then raising funds equivalent to the above amount, while the Defendant deposited or withdrawn in the personal account of the Defendant, etc., as listed in Tables 3 and 4, and then used them for the personal purpose of the Defendant’s personal purpose, or embezzled it under the name of the most half amount, but instead using it as the most half amount.

2. The Defendant of the offering of a bribe, from October 21, 2008 to November 17, 2008, was investigated by the Central Tax Office’s “N,O, and P” under the Central Tax Office’s “Plan for Investigating the recipient of a fake tax invoice”, and was investigated by N,O, and P, and as a result, the borrowed passbook for raising the funds by K was seized, and upon the discovery of the passbook for raising the funds by Q and R Co., Ltd. (K bank passbook), the Defendant issued money and valuables to the said tax official and received money from Q and Co., Ltd. (K bank passbook) to reduce the scope of the investigation.

Accordingly, the Defendant, from the end of November 2008 to December 2, 2008, had KNN S in the street near the Gunn Cargo Terminal located in the Sinpo-si, Mapo-si, Mapo-si, KN S in the above tax investigation.

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