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(영문) 대구지방법원 2019.01.18 2018고합257
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

[Defendant B] Defendant B shall be punished by imprisonment for three years.

[Defendant A] The defendant A shall be punished by imprisonment for one year.

except that this shall not apply.

Reasons

Punishment of the crime

[Attachment] Defendant B is a person who works as the factory site of F Co., Ltd. (hereinafter “victim Company”) with the victim’s agricultural company located in Cheongbuk-do from around 201 to April 2017, and was in charge of the victim’s entry, exit, sale, etc., and Defendant A is the representative of G wholesale business entities in agricultural products; Defendant C is H’s trade name from January 2013 to August 2013; and Defendant C is a person who runs a wholesale business with the trade name of the Plaintiff Co., Ltd. from August 2013 to August 2017.

With respect to the defendant C's occupation, the prosecutor stated "the director of the victim company", but then revised and entered in the occupation at the time of the crime committed by the defendant C. [criminal facts]

1. On July 2012, Defendant B’s occupational embezzlement: (a) sold the proceeds to the Defendant’s personal account while working in custody for the Victim Company, such as gambling boxes, agricultural products, etc., which are owned by the Victim Company; and (b) sold the proceeds to the Defendant’s personal account; and (c) withdrawn the proceeds; and (d) sold them to use them for entertainment expenses, etc. in studal harassment.

On July 17, 2012, the Defendant, at the victim company, sold 78,00,000 (742km) equivalent to 742kg of the market price to K, and embezzled the victim’s property by selling 33,964,00 won of the victim’s property to K at least 69 times in total, as shown in attached Table 1, from that time to January 6, 2017, while the Defendant was in custody for the victim company for its business purposes.

B. On October 18, 2012, the Defendant was on the part of the victim company and was in custody for the victim company at the victim company, and received at will the sales to the representative A of the agricultural products wholesale chain G and remitted KRW 4.90,000 to the L Bank Account (M) in the name of the Defendant.

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