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(영문) 서울남부지방법원 2013.09.12 2012고합680
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From July 2, 1994 to July 2, 201, the Defendant, while working as an employee of the Victim H Co., Ltd. (hereinafter referred to as “victim”) located in Seocho-gu Seoul Metropolitan Government, established a “I” corporation in Jeju-do on November 1, 2007 from the victimized Company, and purchased the purchase price for citrus from the Defendant’s name in the form of provisional payment or advance payment, and purchased citrus from Jeju-do to the Agricultural Cooperative Account (Account Number J) or the Defendant’s wife’s name, and supplied the citrus to the damaged Company through the Defendant’s operations. From January 1, 2009 to July 1, 201, the Defendant has been engaged in the business of purchasing the citrus from the Defendant’s name in the form of advance payment, and purchased the citrus in the form of M. M. account (No.C.) with its representative representative, and supplied the citrus to the damaged Company through the operation.

In order to avoid the appearance of directly trading with farmers or operating lines and lines with which the victimized company used the Defendant’s wife while purchasing an excessive work at low prices in mountainous districts, the Defendant committed a defect that the victimized company used the Defendant’s wife while keeping all profits in the said three accounts, which the said victimized company changed the said corporations into an agricultural company, and refused to return all the names of each of the said corporations in the name of K.

On January 31, 2011, the Defendant: (a) received from the victimized Company a request from the victimized Company for the return of movable property of each of the above occupational bankbooks and each of the above lines and lines in the form of investment in kind; (b) on the same day, the Defendant returned KRW 468,414,450, total of KRW 194,238,238,000, the balance of the Agricultural Cooperative Account (Account Number) in the name of the Defendant on the same day; (c) KRW 191,796,100, and KRW 272,219,576, and the balance of the MFC Account (Account Number:N); and (d) returned KRW 194,238,000, as shown in the list of crimes in attached Form I, as well as movable property of KRW 194,238,000.

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