횡령
A defendant shall be punished by imprisonment for not more than ten months.
An applicant for compensation shall be dismissed.
Punishment of the crime
On August 9, 2013, the Defendant received a request from D, the agent of the victim C to keep the said charcoal in custody for consignment sale of 96,08,200 won, and kept the said charcoal on August 9, 2013, at the warehouse of the Defendant, Seo-gu, Busan Metropolitan City, Seo-gu, Seoul, for delivery of it.
On August 13, 2013, the Defendant agreed on the specific terms and conditions of the consignment contract with the victim, D and C, but did not agree on the consignment contract with each other. On August 13, 2013, the Defendant requested the return of the said charcoal from the victim and D on August 13, 2013.
While the Defendant refused a request to return on the part of the victim, he/she embezzled the said charcoal in a total of five times from September 2013 to January 2014 by arbitrarily disposing of it to a third party.
Summary of Evidence
1. Each legal statement of the witness C and D;
1. Part of the protocol concerning the examination of the suspect against the defendant;
1. Demand for expenses expected for customs clearance and statement of transactions (11th page of evidence records);
1. A contract for trading goods;
1. Determination as to the defendant and his/her defense counsel's assertion in the transaction statement (the 95th page of the evidence record)
1. The Defendant entered into a sales contract for charcoal 6,00 (hereinafter “instant charcoal”) imported from China with the victim and acquired the ownership of the said charcoal as the purchaser.
Although the victim unilaterally rescinded such a sales contract and remains a matter of civil settlement, the relationship between the defendant and the victim does not establish a consignment relationship with respect to the custody of property in embezzlement.
2. In full view of the following circumstances that can be recognized by the evidence of judgment, the Defendant and the victim, if the victim imports and supplies bomb in China, shall be limited to the Defendant’s share by keeping and selling it in Korea.