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(영문) 인천지방법원 2014.07.03 2013고단6065
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

"2013 Highest 6065" as the representative of D Co., Ltd., the Defendant entered into a charter processing contract with the victim E Co., Ltd., and from February 18, 2013, when the victim supplied Aluminium non-explosion, he re-processed it as Aluminium-type materials, and supplied it to the victim and received the processing fees.

From April 30, 2013 to June 21, 2013, the Defendant: (a) obtained from D Co., Ltd. located in Sinti City F, which was requested to process by the victim; and (b) disposed of and embezzled the amount equivalent to KRW 41,146,940 at the market price of Aluminium 15,752km and received from the victim; and (c) disposed of and embezzled it to other companies on July 11, 2013 while keeping it for business purposes.

On April 20, 2013, the Defendant stated that “F, at the office of D Co., Ltd. where the Defendant located in the Gyeonggi City, at the time of Gyeonggi City, was the representative director, he/she would lend a bill at a discount and use the bill at a discount and make a full payment on the due date for payment.”

However, in fact, from the end of 2012, D Co., Ltd. was in a state of hostile management by reducing sales due to the aggravation of domestic construction competition. Around 6.2 billion won, the Defendant had no intent or ability to repay the bills on the due date, even if he borrowed bills from the victim.

The Defendant received from the victim a note number “H”, “30 million won”, and “the date of payment” as “the date of July 25, 2013.”

around September 2012, the Defendant received from the victim I a request for the manufacture of Aluminium products from the above D office, and received orders to make it together with pressure withdrawal type necessary for the manufacture of the product and received all production costs related to pressure withdrawal type.

On July 21, 2013, the Defendant embezzled a penalty of 6820,000 won in total at the market price of the victim’s possession, which was produced from the above order, on behalf of the victim, by arbitrarily disposing of it to J.

Summary of Evidence

1. 1, 3, 4.

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