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(영문) 전주지방법원 군산지원 2019.06.28 2017고단550
업무상횡령
Text

Defendant

C KRW 10 million, Defendant A is punished by a fine of KRW 7 million, and Defendant B is punished by a fine of KRW 4 million.

Reasons

Punishment of the crime

Defendant A and Defendant B jointly with C to take over and operate the F Co., Ltd. F (hereinafter “F”) in the following cities around September 7, 2015. Defendant B is a working-level person in charge of the overall affairs of F from September 14, 2015 to work as the vice president of F.

From October 2010, F companies of the Defendants are companies that receive the cost of processing by crushing waste plastics after being entrusted by the victim corporation D (hereinafter referred to as the "victim company") located in Jung-Eup from the victim company in Jung-Eup (hereinafter referred to as the "victim company").

On October 14, 2015, the Defendants visited the victimized Company and received notice from H, etc., which is an employee of the victimized Company, that F keep 218,145 kilograms of waste plastics equivalent to 145,720,860 won at the market price of the victimized Company for the clinical processing. On October 19, 2015, the Defendants received a request from the victimized Company to October 28, 2015 that F’s factory operation was suspended, and reported this fact to C.

Nevertheless, in the process of selling the F's inventory assets, C and Defendant A decided to sell the above waste plastics owned by the victimized company that F was entrusted with the processing of the F, and C instructed Defendant B to sell the above waste plastics owned by the victimized company, and Defendant A issued F's certificate of personal seal so that Defendant A can sell the above waste plastics owned by the victimized company.

Defendant

B around November 2015, the market price of the injured company that is in custody in F in F was sold through I, the employee of F, and the defendant A and C voluntarily used the sale price to J, a corporation with C as the chairperson, under the pretext of management consulting contract fees.

Accordingly, the Defendants conspired with C to perform their duties.

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