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(영문) 대전지방법원 2020.11.13 2020고단266
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The injured party B operates C Co., Ltd. in Jung-gu Daejeon Metropolitan City, and the accused is the land distributor who sells the meat provided by a wholesaler at retail.

In around 2015, the Defendant entered into a land category distribution contract with the victim that the Defendant would pay back the goods to the victim, using the name of the Plaintiff, and then put the goods to the static point, etc., but the goods price to be deposited into the corporate account of the Plaintiff directly. If the Defendant receives the payment in cash, it shall be deposited into the corporate account of the Plaintiff, and the victim entered into a land category distribution contract with the purport that the Defendant will pay back the goods equivalent to the margin from the paid sales price to the Defendant later, and is engaged in the land category sale and water collection business of D.

Nevertheless, from around August 14, 2015 to around August 14, 2017, the Defendant deposited KRW 9,250,757, which is part of the supply price of meat, in cash, from the Furgy point in Daejeon Jung-gu, Daejeon, and used it for personal purposes, such as living expenses, without depositing it into the corporate account of the Co., Ltd. D.

The Defendant arbitrarily consumed the supply price of goods equivalent to KRW 27,221,271, which was received in cash from the supplier company in the total of six locations as shown in the attached list of crimes, from around August 14, 2015 to around August 14, 2017 in the same manner.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of partial police officers against the accused (including B's statement);

1. Each police statement concerning B;

1. Investigation report (the determination of embezzlement assets and change of name of the crime, and report on the same criminal records);

1. Application of Acts and subordinate statutes of each summary order, such as a letter of complaint, power of attorney, business registration certificate, and written agreement prepared in each separate embezzlement case, the statement of the accused, the attempted status of customers, the balance certificate,

1. Criminal facts;

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