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(영문) 광주지방법원 2015.06.25 2015고단555
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant was sentenced to one year and six months of imprisonment for the crime of occupational embezzlement at the Gwangju District Court and three years of suspended execution, and his sentence became final and conclusive on December 8, 2012.

The Defendant is a person who operated a rice processing complex in the trade name, namely, “F of a stock company,” on the ground that he/she was the spouse E from around January 20, 2006 to November 201, 201, in Yong-Namnam-gun D as a representative director.

At the time, the Ministry of Agriculture, Food and Rural Affairs provided agricultural cooperatives with government-funded funds to purchase rice harvested from ordinary farmers in the jurisdiction, and entrusted the storage and sale of rice processing complexes to private rice processing business operators holding grain storage facilities (RPCs), and RPC business operators entrusted the storage and sale of such rice, and RPC business operators entrusted with the storage and sale thereof to the accounts designated by the NAF as a truster, after processing and resale the above rice and then remitted the sales proceeds to the accounts designated by the NAF as a truster.

On December 27, 2011, the Defendant entered into a contract for storage and acceptance of general rice at the head of HFFFF’s office located in Young-gun G, Young-gun, with I (hereinafter “FFF”) and the head of HFF’s association located in Young-gun, and had the Defendant take over and keep the total amount of KRW 1,067,148km (the total amount of KRW 57,000 per 40km) purchased from a general farmer located in HF for five times in total from January 10, 2012 to March 30, 2012, as a general rice total of KRW 1,067,148km (the total of KRW 57,000 per 40 kilogramsg) purchased from a general farmer located in HFF in his/her jurisdiction.

On May 2012, the Defendant had taken over general rice as above after being entrusted by the NongHyup Co., Ltd., and was processed as rice in the above place of business in the middle of May 2012, the Defendant had arbitrarily stored KRW 80,000,000 for the purpose of the Victim HF.

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