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(영문) 광주지방법원 순천지원 2019.08.13 2019고단66
횡령
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” as a fish-related wholesale and retail business chain in a single time.

Around March 8, 2018, the Defendant agreed with the victim E and F that “the Defendant entered into a new co-purchase agreement with G, and the Defendant supplied the victim a new spons purchased from G as such.” Accordingly, from March 12, 2018 to May 15, 2018, the Defendant received a total of 30 million won from the victim to be used as the purchase price for the new sponsing between the Defendant and G, and used 5 million won for personal purposes, such as living expenses, around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E, F, and H;

1. Statement of the police statement to I;

1. Each cash storage certificate, the account transaction statement in the J name, G new consignment sale agreement, the statement of account transaction statement, the suspect A new consignment sale statement, the defendant and the defense counsel asserted that the defendant used approximately KRW 12,30,000,000 out of KRW 55,000,000 as the amount embezzled in the indictment for the purpose of mediating the new consignment purchase contract in this case, and that the use of the expense is not only a common practice but also a part that is acceptable by the parties to the contract, and therefore there is no intention of embezzlement as to this part.

However, according to the records, even if the defendant alleged that he used approximately KRW 12,30,000 as a security expense, he did not submit specific details or evidentiary materials to support the defendant, and even if the defendant's assertion is true, each statement of EF and H stated that "the purpose of using KRW 300,000,000 which the defendant prepared and delivered to the defendant is "the new amount of money for the use of KRW 300,000,000,000,000,000,000 won is stated in each cash custody document prepared in the victim's side."

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