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(영문) 서울중앙지방법원 2013.05.28 2012고단6581
업무상횡령
Text

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

However, the execution of the above punishment shall be suspended for 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

(A)The Defendant, as the owner and representative director of F and (State)G, was in charge of the operation of the Company, including the management and execution of the said Company’s funds, and (b) from the end of 2006 to the beginning of 2012, the Company F was supplied with meat and rice from the victim’s HF Agricultural Cooperative (hereinafter “HF”) and sold them through TV home shopping.

I is a person who has been engaged in the business of selling and selling H rice from June 2005 to March 2009, from March 2009 to August 201, 19, and from August 201, in the business of selling and selling HF rice again from August 201 to August 201, and engaged in the business of managing gold and inventory, etc. of selling and selling HF from HF members, and J is a person who has been engaged in the business of selling and selling hF from farmers, members of HF, such as scrap ma, purchased from HF members of hF from August 201 to August 201.

1. I, J and co-principal I expressed that, around February 2008, the Defendant requested that, “I will pay part of the sales proceeds of the Goguma which was kept and kept in stock in the HF warehouse and managed in stock to HF under the pretext of advance payment and pay part of the sales proceeds of the HF to HF under the pretext of advance payment, and that “I will use it for personal purposes, such as losses that I would have to pay to HF under the pretext of advance payment.” On February 2008, the Defendant was aware that I would have to pay part of the sales proceeds of the Goguma to HF under the pretext of advance payment.” The Defendant knew that I would have to pay part of the sales proceeds of the Gogumama to HF under the pretext of advance payment.

The defendant, according to the above public offering on February 18, 2008, raised a sum of KRW 50 million from the (P) account around February 18, 2008.

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