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(영문) 수원지방법원 2013.10.23 2013고단1798
횡령등
Text

A defendant shall be punished by imprisonment for one year.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

The Defendant, from April 19, 2009 to March 27, 2013, operated the said company in a way that: (a) the Defendant entered into a contract for the supply of steel processing and delivery with the said company; (b) was supplied with steel work from the said transaction partner; and (c) processed and supplied the said goods.

However, the number of the steel bars to be processed and supplied more than the remaining number of the steel bars in the latter part of 2010, beginning with the erroneous processing process of the steel bars, the number of the steel bars to be processed and supplied more than the remaining number of the steel bars in the latter part of 2010, and the Defendant, after concluding a contract for the supply of the steel bars with the new company, had been able to operate the company by using the click method to deliver the steel bars to the existing business partners.

[2013 Highest 1798] On April 12, 2012, the Defendant entered into a contract for the supply of steel products with the victim H who operates G, and then processed the products to deliver them to the victims.

However, at the time of fact, the Defendant had been operating the company by means of return as above, so it was difficult for the Defendant to deliver part of the steel bars supplied by the victim to the existing business partners, and the F was also in short of its operational funds. Therefore, even if the Defendant was supplied with the steel bars from the victim, the Defendant did not have the intent and ability to process and deliver them according

The Defendant, from April 26, 2012 to February 7, 2013, was supplied with a total of 1,063.345 tons by the victim, and the Defendant did not supply a total of 76.86 tons by the market price of 58,925,424 won.

[2013 Highest 2247]

1. On September 28, 2011, the Defendant entered into a contract for the supply of steel products with the content that the Defendant would be supplied to the victims by the victim I after being supplied with steel bars from the F Office.

However, at the time of fact, the defendant had been operating the company by way of return prevention as above.

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