[횡령][공1982.5.1.(679),398]
Commission and Misappropriation
In the case of a consignment sale, the ownership of the goods consigned shall belong to the mandator, and the sale proceeds shall belong to the principal at the same time as he receives other special agreements or special circumstances. Therefore, the consignment agent's use and consumption shall constitute embezzlement.
Article 355(1) of the Criminal Act Article 103 of the Commercial Act
Supreme Court Decision 81Do2366 Delivered on February 23, 1982
Defendant
Prosecutor
Seoul Criminal Court Decision 80No7268, 81No3612 (Consolidation) decided July 23, 1981
The appeal is dismissed.
The grounds of appeal are examined.
Reviewing the reasoning of the judgment below in light of the records, the statement of Hong Man, the complainant pointing out the theory of the facts charged in the indictment No. 1, shall be rejected for the reasons as stated in its reasoning, and in addition to the above complainant's statement, there is no evidence to deem that the defendant's statement was prepared by adding the principal and interest to the victim's bill at the victim's request, and there is no other evidence to support the fact of custody, and the court below's disposition that acquitted the defendant on the ground that there is no evidence to find otherwise guilty, and there is no error in the rules of evidence or incomplete hearing, and there is no ground for appeal.
In addition, the ownership of consigned goods belongs to a delegating, and the sales proceeds belong to a truster, unless there are other special agreements or special circumstances. Thus, if the defendant uses or consumes them, the crime of embezzlement is established. According to the records of this transaction between the defendant and the complainant, the defendant shall be supplied with packaging vinyl from the complainant and deliver it to the Livestock Promotion Association without relation to the existence of profits from the sale. If the defendant receives the prices from the Livestock Promotion Association, the defendant shall pay 3870,000 won to the complainant, without relation to the existence of profits from the sale, and the defendant shall be supplied 506 ccinyl chloride supplied from the complainant to the Livestock Promotion Association. The fact that the defendant participated in the competitive bidding and delivered it to be suitable for packing, and received all the prices. However, the above facts alone do not constitute a credit sales or a consignment sales, and the court below does not believe that the supply relationship between the two goods is not a credit sales or a consignment sales, and there is no other evidence supporting the facts that the transaction of this case is not a consignment sales contract.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kang Young-young (Presiding Justice)