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(영문) 서울동부지방법원 2017.11.09 2016고단4510
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative director of the Dispute Resolution Co., Ltd. which carries out manufacturing and wholesale business of agricultural and fishery products processing and wholesale business, and the victim E is the representative of the F Co., Ltd. which carries on agricultural products distribution business.

1. The Defendant, from around December 9, 2014 to around December 23, 2014, sold a 18,570 kg of a matrile (out until now) from the injured party, and embezzled 81,050,050 won of the total sales amount around that time by receiving 81,050,050 won from the seller and using it for the victim at his/her own discretion.

2. Around November 9, 2015, the Defendant was in custody after being entrusted with the sale of 11,960km from the injured party. At around that time, even if all of the above mags sold, the Defendant arbitrarily used only part of the sales proceeds and embezzled the remainder sales proceeds of 10,318,000 won for the injured party while being kept in custody.

3. On April 3, 2016, the Defendant: (a) sold 2,840 kg a short-term on consignment from the injured party; (b) received 14,200,000 won from the seller and embezzled the total amount of money sold around that time; and (c) used it at will while being kept by the seller for the victim.

4. The Defendant from March 23, 2016 to the same year.

5. Around 14. Around 67,430 g of the 67,430 g, the remainder after the Defendant received a request from the injured party to cause the custody of 18,730 g of the 18,000 g, the Defendant arbitrarily sold the proceeds to other selling places at will and embezzled the proceeds by using them at will while keeping the proceeds for the victim.

Accordingly, the Defendant embezzled 173,933,550 won in total over four times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of the accused by the prosecution (including the E statement part);

1. Calculation of the amount of damage, and details of shipment on an increase;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of materials);

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act (the point of embezzlement and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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