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(영문) 수원지방법원 성남지원 2016.01.15 2014고단3173
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, together with D, is a person who engages in the consignment sales business of Alta-ri, cultivated by farmers in the F market in Seoul E, with the trade name of “G”.

The defendant around March 2013, the total eight indictments, including the victim H, are seven, but it is obvious that it is a clerical error.

(2) In the event that the Defendant, at the victim’s farm, sold a truck to the said G store by using the truck to a wholesaler, and concluded a consignment contract with the content that the Defendant would pay the remainder after deducting fare, freight, cleaning, cleaning, screening, consignment sales commission, etc. from the sales proceeds to the victim’s owner, and that the victim’s owner did not confirm whether the calculation of the sales account book kept in G is correct, using the fact that the victim’s owner did not record the amount of money to be paid to the victim’s owner, and then write the amount of money to be paid to the victim’s owner, and then write the amount of money to be paid to the victim’s owner, and then did not confirm whether the calculation of the sales account book kept in G is correct.

In the written indictment, although the defendant is stated as a custodian of the sales proceeds at Altari, the goods kept in custody entrusted by the owner of the victim shall be deemed to be Altari.

The Defendant, at around June 21, 2013, indicated falsely in the victim H’s farm located in Gangwon-gu, Gangwon-do, the total amount of the purchase price of Alari-free fraction or the total amount of the sale price of Alari-free, sold at the victim H, thereby bringing about an amount equivalent to KRW 14,00,000, which is owned by the victim H, as shown in the list of crimes in attached Table 1, from May 21, 2013 to December 5, 2013.

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