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(영문) 서울북부지방법원 2017.07.12 2014고단4222

업무상횡령

Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The Defendant, as the representative of the Dongdaemun-gu Seoul Metropolitan Government Dispute Resolution E (hereinafter “E”), is a person who is engaged in a pharmaceutical wholesale business that supplies drugs to a pharmacy, etc. with the pharmaceutical company supplied the drugs from the pharmaceutical company.

In E, the Defendant supplied drugs on the condition of reservation of ownership from the Victim F Co., Ltd. (Representative Director G), Victim H (Representative Director G), Victim J Co., Ltd. (Representative Director K), Victim L Co., Ltd. (Representative Director M), Victim N Co., Ltd. (Representative DirectorO), Victim P Co., Ltd. (Representative Director Q), and Victim R Co., Ltd. (Representative Director S), and stored them in the warehouse of the (State)U in Gwangju-si.

On September 18, 2013, the Defendant: (a) received drugs owned by the Internet Pharmaceutical Sales Brokerage Co., Ltd. V in an amount equivalent to KRW 1 billion; (b) provided a security for transfer to the drugs listed in the attached Table 1, which are kept in the above warehouse, on November 18, 2013; and (c) embezzled property worth KRW 33,524,538 in total by arbitrarily providing a security for transfer to the said V.

The defendant of "2016 Highest 1031" is the representative of E in Dongdaemun-gu Seoul Metropolitan Government D and has been engaged in the pharmaceutical wholesale business that supplies drugs to pharmacies, etc. after obtaining the supply of drugs from pharmaceutical companies.

In E, the Defendant supplied chemicals as a condition for the reservation of ownership from the victim WW Co., Ltd. (Representative X), and stored them in the warehouse of the Gyeonggi City (State), Gwangju.

On September 18, 2013, the Defendant: (a) received drugs owned by the Internet Pharmaceutical Sales Brokerage Co., Ltd. V in an amount equivalent to KRW 1 billion; and (b) embezzled property worth KRW 10,206,596 on November 18, 2013 by arbitrarily providing a security for transfer to the drugs listed in the attached Table 2, which are kept in the above warehouse, in order to secure the payment of the purchase price.

2. First of all, the defense counsel’s assertion that the facts charged are not specified is the product name, quantity, and amount of the medicine.