(영문) 서울남부지방법원 2018.06.07 2017고단3866

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(영문) 서울남부지방법원 2018.06.07 2017고단3866

횡령

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around August 2015, the Defendant concluded a cosmetic sales club contract with the victim B and C in China, and C invested approximately KRW 70 million, and the Defendant and the victim invested KRW 35 million, respectively. In the case of the victim, the Defendant and the victim decided to substitute the above KRW 35 million with the office deposit and the amount of cosmetics previously owned.

The Defendant and the victim received the price for cosmetics from customers who wish to purchase the same cosmetics as D, and then supplied cosmetics to the cosmetic suppliers, and proceeds from the cosmetics sales business by again selling the supplied cosmetics to the customers. On March 1, 2016, the Defendant and the victim decided to be supplied with the cosmetic amounting to KRW 300 million. The victim received the price for cosmetics from customers, such as D, and received the price for the cosmetic from March 11, 2016 to March 15, 2016. However, it is apparent that it is a clerical error in the indictment as of March 15, 2015, which is related to guaranteeing the Defendant’s right to defense, and thus, it is corrected ex officio.

By up to nine times, the sum of KRW 142,728,00 was remitted to the Defendant as the price for cosmetics to be sent to E, and on March 15, 2016, the Defendant paid KRW 129,728,000, excluding KRW 13,000,000 among them, to E, but (ju) E did not pay KRW 300,000 in full, on March 15, 2016, the Defendant returned KRW 129,728,000 to the Defendant.

Defendant 1,42,728,00 won, including the sum of KRW 13,00,000, and the sum of KRW 129,728,000, which was refunded by the Defendant 129,728,000 for cosmetics that the injured person sent as the price for cosmetics, and the sum of KRW 142,728,00 for the injured person; Defendant 15, 2016.

3. 16. Total 10 times, 140,035,000 won was arbitrarily remitted to C in China without the consent of the injured party, and embezzled it.

Summary of Evidence

1. Each prosecutor's office against the defendant, B, or D, and a protocol of suspect examination of the police;

1. The police of D. D.

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