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(영문) 서울동부지방법원 2015.02.05 2014고단862
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a D representative in Gangdong-gu Seoul Metropolitan Government D.

Around June 2013, the Defendant entered into a contract with the victim E Co., Ltd. (F) and the victim to supply materials, etc. at the above plant, 300 model G promptly, which is composed of 591,00 won in color handbags (a total of KRW 38,415,000 in total, and KRW 26,00 in processing costs per unit), 200 in model name H-verification handbags (a total of KRW 591,00 in total, KRW 118,200,000 in total, and KRW 26,000 in the outline of processing costs per unit), model name I Handbags (a total of KRW 419,00 in each unit price, KRW 83,800,000 in total, and KRW 23,00 in each processing cost).

Accordingly, the Defendant manufactured the above products and supplied 235 million victims with double model G handbabags around that time, and sold 65 other G handbags (a total of 121,536 won, a total of 7,89,840 won, a total of 7,89,840 won), and 200 of H handbags (a total of 24,307,200 won, a total of 121,536 won, a total of 24,307,200 won) at a price at which the Defendant arbitrarily cannot be known, and sold 200 Handbags (a total of 89,082 won, a total of 17,816,400 won, a total of 16,400 won) at the same plant on September 2013.

Accordingly, the Defendant embezzled another’s property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F and J;

1. Statement to J police officers;

1. As to whether the defendant sold 65 G Handbags and 200 G Handbags, and whether the above G Handbags are owned by the victim or not.

1. The following circumstances are acknowledged according to the evidence duly adopted and examined by this Court.

(1) The number of returned G65 is produced with the raw materials supplied by the victim to the defendant and then the victim was supplied to the victim, and the victim again requested the repair thereof to the defendant on the ground of the inferior amount of products, and

(2) G 65 persons.

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