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(영문) 창원지방법원 통영지원 2016.02.04 2015고합70
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) and a violation of occupational trust of the Defendant entered a victim D fisheries cooperative (hereinafter referred to as “fisheries cooperative”) located in G at Gyeongnam-si, on January 3, 1998, and, as a proxy for the sales and use business from March 1, 2013 to May 14, 2015, the Defendant is responsible for attracting fishery products sales and selling products on credit, and if he/she sells fishery products on credit, he/she shall transfer the outstanding amount to the victim’s account, or if the Defendant is paid, he/she shall deposit the outstanding amount into the victim’s account. In cases of purchasing fishery products through the consignment sale and purchase, the duty of checking the sales records of fishery products was to verify whether the actual results of sale and purchase have been actually paid, and to check whether the sales proceeds have been paid properly.

A. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (many) received 100,000,000 won from the selling company to the Suhyup Deposit Account in the name of another person in order to use the outstanding amount for personal ship business funds in violation of the above duties, and received 100,000,000 won from E on April 11, 2014 as the outstanding amount for sale from E and received 29 times in total from September 5, 2013 to April 23, 2015, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant acquired financial benefits equivalent to the above amount, and the victim suffered financial loss equivalent to the above amount.

B. The Defendant in breach of occupational duty, in violation of the above duty, was in his possession even though G was not actually entrusted with the sale of fishery products to the damaged fisheries cooperative.

G Making an individual use by receiving the entrusted purchase price from the deposit account in the name of G, and ordering the auction private H to make a false entry of the fishery products trading record book, and examining it.

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