업무상횡령
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The summary of the grounds for appeal (misunderstanding of the facts and legal principles) and the victim E (hereinafter “victim E”) did not prepare a trade agreement between the Defendant and the victim, and there was no one time transaction relationship prior to this, the representative F of the victim company stated consistently that the Defendant was sent to the Defendant for processing rather than selling pigs, and that the ownership of pigs is reserved in the victim company insofar as the Defendant did not pay the purchase price.
Comprehensively taking account of the reasonable reasoning, the Defendant’s embezzlement of pigs by the victim company is recognized.
Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is the representative director of C (hereinafter “C”) who is a livestock products meat processing company.
On November 28, 2014, at the C office located in Pyeongtaek-si D, the Defendant was entrusted with sale and purchase on the condition that he/she sells, from F, the representative of the victim company, 62,778,255 won, slaughtered pigs of KRW 131 miles at the market price of the victim company, to G (hereinafter “G”).
While the Defendant, on December 5, 2014, occupied the said swine 131 maris on behalf of the victim company, the Defendant sold the pigs amounting to KRW 24,601,145 on behalf of the market value to an infertility customer and used the price for personal purposes, such as operating expenses of the company.
Accordingly, the defendant embezzled the property of the victim company that was under custody in the course of business.
B. On the grounds of its holding, the lower court determined that the instant sales contract was conditional on the condition that the ownership of slaughtered pigs and pigs supplied by the victim company belongs to C, under the premise that the instant sales contract is a conditional sale under a special agreement stipulating that “the Defendant supplied the processed meat only to G, thereby ensuring the amount of raw meat paid by the victim company.”