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(영문) 대전지방법원 2013.12.04 2013고단623

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the ginseng processing business.

On September 5, 2002, the Defendant invested KRW 500 million between the Victim G and had H cultivate ginseng, and thereafter extracted and sold ginseng, and divided the profits therefrom. The Defendant entered into a partnership agreement with the content that the Defendant would take charge of the execution of the funds, and cultivated ginseng by purchasing and cultivating ginseng in Seosan-Sag-Sag-Sag-Sag-Sag-Sag-Sag-Sag-Sag-Sagg-Sag-Sag-Sag-Sag-Sag-Sag-Sag

Accordingly, the Defendant and the victim have cultivated ginseng by investing the remaining money in 15,000 KGG in Gangseo-gu, Suwon-gun and 10,000 KGG in 204. However, due to the concentrated rain generated in 2006, all of the ginseng that were planted in IGG became fluent, and JGG only remaining.

1. From October 2008 to April 2009, the Defendant extracted ginseng not damaged by the ginseng in the above J, and sold part of the ginseng from May 2009 to June 2009 at the Geumsan Raw Ginseng Center located in Geumsan-gun for 300 million won. While receiving the payment, the Defendant voluntarily consumed the amount for personal purposes, such as the Defendant’s personal debt repayment, etc. at the Defendant’s house located in the Simsan-gun of Geumsan-gun for the personal purpose.

2. After that, from May 2010 to October 201 of the same year, the Defendant extracted the remaining ginseng and processed it with red ginseng, and sold the remaining ginseng in the Geumsan International Ginseng market located in Geumnam-gun, Geumnam-gun and kept the price in custody, the Defendant arbitrarily consumed the amount for personal purposes, such as the Defendant’s personal debt and repayment, at the location of the Defendant’s house located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun.

As a result, the Defendant embezzled the amount of KRW 64.25 million, which is the victim’s share in the net profit of KRW 128.5 million after deducting the expenses from the total of KRW 532 million of the ginseng sales proceeds, which is the same business property, and while being kept for the victim.

(i) the evidence;