(영문) 광주지방법원 해남지원 2019.10.10 2018고단486

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(영문) 광주지방법원 해남지원 2019.10.10 2018고단486

횡령

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On March 3, 2017, the Defendant was requested to sell 1,700 mal field of 1,700 malp field cultivated by the victim D in Jindo-gun E from the Defendant’s house located in Jeonnam-gun, Jeonnam-gun, Jeonnam-gun.

On March 16, 2017, the Defendant sold the same strike to G Agricultural PartnershipF located in the Seoul, YF, and received KRW 28 million from the Defendant’s relative H’s agricultural bank account (I) and embezzled it by using the Defendant’s agricultural fund, etc. with the Defendant’s agricultural funds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, J and C;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to C by the police;

1. The defendant and his defense counsel stated that the defendant received and used 28 million won of the sales proceeds of the head of Tong transactions, but the defendant had a claim to receive 32 million won for the victim according to the loan contract entered into separately with the victim, but the defendant agreed to offset the above claim with the victim, thereby having used the above 28 million won, thereby having no intention of embezzlement or embezzlement.

However, comprehensively taking account of the following circumstances admitted by the evidence as seen earlier, the Defendant’s arbitrary use of the proceeds from the sale of large frequency with the criminal intent of embezzlement.

The defendant and defense counsel's above assertion are not accepted.

① The Defendant cultivated red bonds upon the request of the victim to grow red bonds from the prosecution. The victim did not provide seeds, fertilizers, personnel expenses, etc. and used 10 million won out of the sales proceeds of large-scale sales of 28 million won for red bonds cultivation costs with the victim’s permission, and the remainder was demanded through C, which introduced transactions with the victim, but the victim agreed to offset the amount by the price under the above red bonds contract with the victim.

“...........”

(2)

유사 판례

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-대구지방법원 2013.10.16 2013고정1765