beta
(영문) 광주지방법원 순천지원 2018.09.28 2017고단2195

업무상횡령

Text

The defendant shall be innocent.

Reasons

1. From around 2014, the Defendant had been engaged in the business of purchasing stuffed seeds, managing common money, shipping, etc. while working as a general manager of “D” created by the farmers shipping stuffed from the Southern-gun C.

From March 13, 2017 to April 8, 2017, the Defendant: (a) transferred KRW 21,784,000 from 106, to 107, the victim E and 106, a half of the said item, for the purchase price of stuffed seeds, to the agricultural cooperative account in the name of the Defendant; and (b) kept in custody for the members of the said stuffed stuffed cab on 107 occasions; (c) around March 30, 2017, the Defendant released KRW 5 million in total from the agricultural cooperative account in the name of the Defendant, and consumed KRW 1,00,000 in total for the personal consumption of the said frighted frighted fright, such as purchase of frightd frightd frightd fright, from March 30, 2017 to May 6, 2017.

Accordingly, the defendant embezzled the property of the victims who had been under custody in the course of business.

2. According to the records, the fact that F, a supplier of stuffed seeds, entrusted the Defendant with sale of stuffed seeds to E and 106 persons (hereinafter “D”), the Defendant supplied stuffed seeds from F around February 2017 and distributed the seeds individually to D Won around early March 2017, and the Defendant transferred the sales price calculated according to the quantity of stuffed seeds supplied from March 13, 2017 to April 8, 2017 to the Agricultural Cooperative account in the name of the Defendant.

If the facts are different, it was concluded not between F and D, but between the Defendant and D, so D members supplied the stuff seeds by the Defendant, who is the seller of the stuff seeds, are the Defendant.