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(영문) 의정부지방법원 고양지원 2015.09.04 2014고단2027
횡령등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 30, 2013, the Defendant, at the victim D’s office located on the second floor of the Gangnam-gu Seoul Metropolitan Building, sold from the victim E and F, the store located in the new store. Sales proceeds are received from the victim of 416 Sporo Titts at the end of the following month, and sold 23 copies from the victim to June 30, 2013, and kept approximately KRW 900,000, excluding 15% of the Defendant’s fee out of the sales proceeds, on behalf of the victim, while returning 390 copies of Titts not sold on July 1, 2013 to the victim, but embezzled without returning it to the victim.

2. Around July 16, 2013, at the same place as Paragraph 1, paragraph (1) of the same Article, the defrauded falsely stated that “The Defendant would sell the victim’s clothes in the new airport, which is kept in the new store, to be sold at a fixed price.” The sales proceeds will be approved at the end of the following month.”

However, even if the defendant received clothes from the victim and sold them, he did not have the intention or ability to pay the sales proceeds to the victim.

Nevertheless, the Defendant, as above, by deceiving the victim as above, obtained the victim's clothes 4,590 won in total from the victim's market price around July 24, 2013 from the victim and acquired the victim's clothes 5,080,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statements made by witnesses D and H in the third protocol of trial;

1. Application of Acts and subordinate statutes to the details of a complaint (including attached documents Nos. 2 through 7), import declaration statement, transaction statement, tax invoice, import agency contract, mobile phone text messages, loan angle, details of settlement of accounts by proxy, details of text notes, and current status of inventory of new airport;

1. Relevant Article of the Criminal Act and Article 355(1) of the Criminal Act concerning the selection of criminal facts;

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