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(영문) 서울중앙지방법원 2016.07.08 2015고합1199
업무상횡령등
Text

Defendant

A Imprisonment of two years, Defendant B’s imprisonment of one year and six months, Defendant C and D respectively, and Defendant F.

Reasons

The facts charged in the indictment (excluding Defendant E) were partly corrected or revised according to the facts obtained through the examination of evidence without the amendment process to the extent that it does not disadvantage the Defendants’ exercise of their right of defense.

[Status of the Defendants and developments leading to the supply of written materials] Defendant A is a real owner who owns most of the interest of the Chairperson of R, Inc., Ltd., Ltd. (hereinafter “R”) of tobacco paper manufacturing business.

Defendant

B is the representative director of R.

Defendant

C is responsible for funding as a R's executive director.

Defendant

D is responsible for the operation of factories such as production management as R's managing director.

Defendant

F was the representative director of S Co., Ltd. (hereinafter “S”) who manufactures active carbon as a raw material of tobacco paper from around 1993 to August 2014.

R manufactured and supplied tobacco filters to KT&G. Among the raw materials of tobacco filters, the gas agents, from S and T, have been manufactured by receiving from U.S. Co., Ltd. (hereinafter “U”) the strawet boxes for packing, from V Co., Ltd. (hereinafter “V”), and from W Co., Ltd. (hereinafter “W”), the strawet boxes for packing were manufactured.

[Criminal facts]

1. Defendant A, B, C, and D’s joint criminal act of taking advantage of breach of trust with the knowledge that there was a so-called “recovering” practice of receiving part of the price of supplied goods from the delivery company that supplies the raw materials for the manufacture of the paper, Defendant B and A reported to Defendant B and A, and obtained consent from the delivery company to receive rebates from the delivery company, and then withdrawn and use the rebates received from the personal name account as cash and check, or re-transfer it to the Defendant C’s account at the Seoul office to use it for the company’s non-financial purpose.

A. The defendant D who received money from the U representative X-ro shall be entitled to receive money from the U representative director D on 200.

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