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(영문) 전주지방법원 군산지원 2017.04.18 2016고합147
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

B Imprisonment of 4 years and 6 months and fine of 50,000,000 won, Defendant C’s imprisonment of 4 years and 6 months and fine of 50,00,000 won;

Reasons

Punishment of the crime

1. Defendant B, from February 10, 2015 to June 30, 2016, jointly committed the crime of Defendant B, C, and A, as the head of the business division and the general manager of the headquarters of the victim limited company (hereinafter “victim”) affiliated with N in Gunsan-si. Defendant C, as the head of the victim company from January 20, 2015 to June 20, 2016, has overall control over the overall business affairs, such as sales management, computer management, etc. of the said company. Defendant A, as the employees of the victim company from August 27, 2014 to June 30, 2016, has delivered processed meat produced from the victim company to the employees of the business division of the victim company, or been engaged in overall business affairs of P, a customer.

Defendant

B and C sold processed meat at a discounted price of 10 to 30% compared to the market price at the end of April 2015, and subsequently, Defendant B instructed the operation of a computer program (hereinafter “computer program”) that manages the purchase and sale of the victim’s company by selecting the transaction specifications of the relevant transaction partner, Defendant C, as if the amount was deposited from the computer program, made a false deposit disposal as if the amount was deposited from the transaction partner, made a false return disposal as if the amount was returned, or made a false settlement as if the released processed meat was returned, and conspired to divide the amount of the outstanding amount on the computer program. After concluding that the amount of the outstanding amount on the computer program does not occur, Defendant C’s sales proceeds were paid in cash or in the account designated by Defendant B.

On September 2015, Defendant A came to know of the above conspiracys by Defendant B and C around early September 2015, Defendant B and C conspired to deliver the deducted processed meat to the customer with Defendant B and C and divide the sales proceeds.

Defendant

B contact with Q at the victim company's office around May 1, 2015 to supply processed meat at discounted prices, and 260,800 won overlaps.

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