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(영문) 서울중앙지방법원 2012.09.21 2012고합458
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment of 2 years and 6 months, Defendant B's imprisonment of 10 months, Defendant C's imprisonment of 1 year and fine of 20 million won.

Reasons

Criminal facts

Defendant B, on May 28, 2010, sentenced the Seoul Central District Court to two years of the suspension of the execution of ten months of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Good offices), etc. of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the judgment was finalized on June 5, 2010.

[Criminal Facts]

1. Defendant A

A. The Defendant is a person who mainly supplies student things boxes, etc. to public elementary schools under the Seoul Metropolitan Office of Education in the name of the Plaintiff in Gangseo-gu, Seoul, which is the “O” (hereinafter “N”) under the Gangseo-gu Seoul Metropolitan Office of Education, in 304-2.

The Defendant used a large number of borrowed accounts, such as the Agricultural Bank Deposit Account in the name of N employee P, and took advantage of the false statement of transactions, etc. as if there were transactions using the false statement of transactions, etc., the Defendant tending the appearance of the funds deposited N, and subsequently voluntarily consumed for personal use by transferring the money borrowed from the above company to the above borrowed account used by the Defendant in the name of the transaction price. The Defendant used the above false statement of transactions with respect to the money borrowed by the representative director from the above company for the above company, and received money from the pertinent trading company and returned the money from the above borrowed account through the above borrowed account to the above trading company. The Defendant withdrawn the money and received the money from the said trading company under the pretext of the provisional payment deposit account and received the money from the said company and received the money from the above borrowed account,

At the N office around April 16, 2007, the Defendant received a false tax invoice as if he received goods or services equivalent to five million won from R, a trader, and transferred the above amount to R, but was returned to the deposit account managed by the Defendant, and deposited the company again under the name of the Defendant’s provisional payment agenda, as well as the Defendant voluntarily consumed the company’s funds in the course of business kept by the Defendant. From that time to March 24, 2009, the Defendant was all 46 times as shown in the attached list of crimes.

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