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(영문) 대구지방법원 경주지원 2013.11.01 2013고합30
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment of 2 years and 6 months, and Defendant B shall be punished by a fine of 10,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was registered as the representative director of F, Inc., the steel processing business chain from January 31, 2005 to November 30, 201, and was actually registered as the representative director from December 1, 201 to May 15, 201.

On October 31, 201, F Co., Ltd. entered into a contract with the victim I Co., Ltd. (Representative J) who performed the said construction work at the H construction site office located in G on October 31, 201, to purchase steel materials to be used for the said construction work, process it to ensure that the victim satisfies the construction standards and supply them to the construction site, and supply them to the construction site. From December 1, 2011, the Defendant, from around December 1, 2011, kept steel materials, which are the victim-owned materials, the victim-owned while actually taking charge of the representative director’s duties, in the course of business.

From February 2, 2012 to December 2012, 2012, the Defendant processed and supplied only 190.586 tons among the steel bars 1,010.263 tons, which were in his/her business custody, and embezzled the victim’s property by selling at will the remainder of 608,200,334 won of the market price by arbitrarily selling it.

B. The Defendant was occupational embezzlement from July 4, 201 to March 25, 2013.

In the same manner as in paragraph 2,89.58 tons of iron bars 2,680.061 tons of steel bars 2,680.061 tons, which were under the business custody upon request from the construction of Dongbu Construction Co., Ltd., and only 9,54.01 tons of steel bars 162,354,190 tons of the market price, and disposed of at will the remainder of 222.403 tons of steel bars 22.403 tons of the market price, and embezzlement of steel scrap materials owned by the victim from the time of the embezzlement, etc. of those steel scrap materials 11,183.9 tons of the total steel bars 9,54.01 tons of those owned by each victim Co., Ltd., as in attached Table 1.

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