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(영문) 청주지방법원 충주지원 2019.11.29 2019고단335
업무상횡령
Text

1. The defendant A shall be punished by imprisonment for one year;

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

Reasons

Punishment of the crime

On February 2016, the Defendants were those engaged in the business of jointly operating D Co., Ltd. and E Co., Ltd. on or around October 21, 2016. On or around October 21, 2016, the Defendants and C Co., Ltd., operated by the Victim F, followed a contract between the Defendants and the Defendants to process and sell the trends requested by the victims. In addition, the Defendants concluded a consignment contract and concluded a consignment contract and concluded a consignment contract to sell them, the Defendants continued to use the sales proceeds of the Hast that the Defendants had been under their custody by entrusting the Defendants to use them for the business expenses, etc. of the Defendants.

1. From March 15, 2017 to December 7, 2017 under the above consignment contract, the Defendants arbitrarily consumed KRW 161,657,500 (the amount obtained by deducting KRW 42,00,000,000, which was paid by the Defendants from the victim among the sales proceeds) as operating expenses of the Defendants’ business in the name of the business entity.

Accordingly, the Defendants conspired and embezzled the victim's property.

2. Although the Defendants’ occupational embezzlement following the voluntary disposition of the consigned 2018 terminated the above consignment contract, and “no sales is made without the victim’s prior consent,” the Defendants were willing to dispose of the property owned by the victim, which was kept by the Defendants. On August 2018, 310 square meters (weight 7,750km, unit price 5,200/km) were disposed of arbitrarily, and paid KRW 40,300,000 for the sales proceeds to the victim.

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