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(영문) 인천지방법원 2016.11.16 2016고합252
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Around 14:00 on July 14, 2015, the Defendant entered into an agreement with the representative director I of the Victim C Co., Ltd. (formerly changed: D) at the H office located in Ssung (formerly changed: Co., Ltd.) to grant a discount of KRW 4 billion for the issuance of the Victim C Co., Ltd. (formerly changed, Co., Ltd.) on a discount of KRW 4 billion until July 14, 2015, and the interest of KRW 192 billion for the period of four months until the due date and KRW 3.48 billion for a discount of KRW 3.4 billion until the due date. The Defendant additionally received KRW 4 billion for an electronic bill issued by the Victim Co., Ltd. from the Defendant as collateral. The Defendant agreed not to distribute the electronic bill at the time of the conclusion of a contract for installment discount.

On July 14, 2015, according to the above contract for installment use, the Defendant received KRW 8 billion from the victim company to the Agricultural Cooperative Account (Account Number K) in the name of the Defendant, and received a demand from I to return immediately if the electronic bill is not discounted again from I, at around 17:00 on the same day.

However, the Defendant, as agreed with the victim company, did not at a discount on the electronic bill issued by the victim company by July 14, 2015, refused to return the electronic bill without avoiding contact with the said I. On July 15, 2015, the Defendant embezzled a copy of the electronic bill, which caused 100 million won of the amount of endorsement, to the Defendant’s new name, as shown in the attached list of crimes, including refusing to return the total amount of 1.7 billion won of the total amount of endorsement issued by the victim company, and arbitrarily distributing it to the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (the third, substitute, I, M's statement part);

1. Statement of the police officer to I;

1. A complaint;

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