Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is the representative of the Small and Medium Enterprise Distribution Union (State)C that provides salesrooms to small and medium enterprises, and D is the representative of the Victim E Co., Ltd. of Consumer Products.

On June 2017, the Defendant entered into a contract with D and E companies to supply 32% of sales proceeds to department stores, and to pay the remainder 68% to E companies.

The Defendant supplied the products of the victim company from June 9, 2017 to July 30, 2017, and supplied them to the department stores, etc. around that time, and embezzled by arbitrarily consuming KRW 6,352,28, the share of the victim company by receiving sales proceeds from the department stores, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Electronic tax invoices and the current status of sales of department stores (the defendant and his/her defense counsel was merely unable to pay money due to the seizure of his/her account and did not have the intention of embezzlement;

The argument is asserted.

According to the adopted evidence and the defendant's legal statement, the seizure and release of the defendant's account was repeated due to delinquency in tax and credit card payment at the time of this case, and the defendant has not paid the above payment to the victim company until now.

Thus, the defendant's account was seized at the time of this case like the defendant's assertion.

Even if it was sufficiently known that the Defendant could not pay the sales proceeds to the victim company due to the seizure of the account.

It is reasonable to see that it is reasonable.

Therefore, the intention of embezzlement is recognized, and the above argument is not accepted.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;