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(영문) 의정부지방법원 고양지원 2018.06.22 2017고단3911

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, from around January 2011, while operating a company with the trade name “C”, was engaged in import automobile sales business and automobile parts wholesale sales business. On January 2013, the Defendant was entrusted with the parallel import of U.S. powder from D with the victim D who was in a general sales contract transaction with the Defendant and the vehicle snicking film of the United States. On January 16, 2013, the Defendant received KRW 160 in the U.S. M&A film 80 roll (AR15%, AR35%80 Rawls) between “E” and “E,” which was operated by the injured party, to supply the imported automobile sales business and automobile parts wholesale sales business. In other words, the Defendant entered into a contract with the Defendant on consignment, and received KRW 6710,160 in the name of the Plaintiff’s new bank, including all expenses incurred in purchasing customs clearance, etc. in accordance with the above agency contract.

After that, the Defendant transferred KRW 47,563,056 ($ 44,800) out of the consignment purchase funds to a person in charge of the purchase of Mate film in the United States on the same day, and kept the remainder of KRW 19,552,94 on behalf of the victim under the pretext of customs clearance expenses to be incurred in the future, etc. from that time.

1. By the end of 21.20, the above KRW 19,552,94 was consumed voluntarily for personal purposes, such as expenses for parallel import of films per year, office rents, and repayment of debts.

Defendant continued to do so from February 6, 2013 to the same year.

2. The Plaintiff received KRW 47,563,056 from the person in charge of the local purchase in the U.S. who promoted the same as above from the U.S. to the account in the name of the said C (State) and used the entire amount for personal purposes, such as debt repayment, employee wages, and living expenses.

As a result, the Defendant embezzled 67,116,00 won in total of the purchase funds for the entrustment of marina film kept for the victim in violation of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1.Each of D. D.