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(영문) 춘천지방법원 강릉지원 2016.03.23 2016고정30
횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

If the above fine is not paid, the sum of KRW 100,000 shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operated a 'C' under the trade name of 'C' in Gangnam-si.

On October 31, 2014, the Defendant entered into a consignment contract with F of the business director who works in the “E” store in the victim’s D operation “E,” and received from the victim company the three points of the maternity clothes equivalent to the sum of the supply value of the maternity clothes of KRW 1,431,00,00, around November 5, 201.

Since the defendant sold 3 points of the above Mod's clothes to the non-party customers at the beginning of January 2015 and around February 1, 2015, the defendant paid 1,300,000 won to the victim who agreed to pay 1,60,000 won out of the sales proceeds through a consignment contract with the victim.

Nevertheless, the defendant arbitrarily consumed the above amount for the victim, such as living expenses, hospital expenses, public charges, etc. while keeping it, and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A complaint;

1. Application of Acts and subordinate statutes certifying consignment contract, business registration certificate, copy of transaction statement, and each content of transaction;

1. Relevant legal provisions concerning criminal facts and Article 355 (1) of the Criminal Act that choose a penalty (the choice of a fine shall be made in consideration of reflectivity, initial crime, the amount of settlement before settlement, 1250,000 won, the family environment of the defendant, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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