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(영문) 광주지방법원 2014.06.03 2013고단5629
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The defendant is the representative director of the steel processing business chain C.

After concluding a steel processing contract that the Defendant was supplied with steel bars from the Victim Sea Construction Co., Ltd. to process, assemble and supply them to the site, from October 2012 to May 2013, 2013, the Defendant was supplied with 1,004,703 km, which is a government-funded material to be used at the site of the establishment of the 2nd section in the Yeongsan River-ro, Yeongsan River, and Seomjin River, and embezzled 67,246 km (65,320,722 won) from around October 2012 to July 2013 by using the government-funded materials to be used at the site of the establishment of the 2nd section in the Yeongsan River, Seomjin River, and embezzled them for the victim.

2. Around 14:00 on December 14, 2012, the Defendant: (a) agreed to directly supply the site of “construction work of the Honam High-speed Railroad Gwangju Vehicle Base” constructed by the Convening Korea Co., Ltd. to a “construction work of the Honam High-speed Railroad Gwangju Vehicle Base;” and (b) reached an agreement between the Defendant and the Victim E Co., Ltd. (the representative F) on the part of the Defendant, and kept them for the victim’s business by receiving approximately KRW 148,603km materials from around that time to August 13, 2013.

On August 13, 2013, the Defendant, at the above C Co., Ltd. factory, as seen above, embezzled the steel bars of approximately KRW 78,796km from among the steel bars that were kept to supply to the construction site of the Honam High-speed Railroad Building site at the above C Co., Ltd., by using approximately KRW 25,740km as debt repayment and performance, and distributed approximately KRW 25,740km to the Hanyang Co., Ltd., and then arbitrarily disposed of them, by using all the above steel bars of KRW 110,709,235, the market price of which is equivalent to KRW 148,603km.

3. The Defendant, from November 16, 2012 to December 2012, 201, was supplied with steel bars from the victim’s Hanyang Co., Ltd. and processed them, and thereafter, the Gwangju Metropolitan City Waterworks Project Headquarters.

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