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(영문) 서울북부지방법원 2016.09.30 2015고단4578

횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who was the representative of the “J” chain in the business of selling scoo-related products in Gyeonggi-si, Gwangju-si, and K is a representative director of the victim (main state) L (after the establishment of the “State”). J (State), “(State),” “L” (State’s successive change of the trade name).

On November 1, 2012, the Defendant established “AmM” with K, which is a victim company, and agreed to receive 800 million won support from K, and agreed to repay its debt through future operations. However, due to differences in opinion on fund management, K divided the company into around October 1, 2013, K takes exclusive charge of the import of the above product, Defendant is in exclusive charge of the domestic sales of the above product, Defendant is in exclusive charge of the company’s financial affairs, and the sales proceeds of the goods are operated by the method of independent distribution, and paid on the 5th and 20th of each month.

After that, around October 23, 2014, the Defendant refused to pay for ten months the amount of unfair profit until receiving a fixed exchange rate other than the fluctuation rate, and on October 24, 2014, the Defendant: (a) rejected the payment of the amount of 10 months to the effect that “The Defendant cannot pay the amount of e-mail before receiving the settlement of the amount of unfair profit; (b) rejected the payment of the amount of 57,983,095 won in total, as indicated in the attached crime list, such as “pring, Air 2nd class” from the victim company; and (c) discontinued the e-mail-related goods to the above Defendant, i.e., “it is possible to cease to pay the goods if he/she refuses to pay the goods if he/she refuses to do so,” and (d) disposed of the e-mail from K on the same day, i.e., e., e., the 10th day after the Defendant voluntarily dispatched the goods to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of K Witness;

1. Investigation report (O or P statement hearing) (the defendant purchases the goods of this case from the injured party or purchases them from the injured party.