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(영문) 광주지방법원 2018.01.11 2017고단3949
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 31, 2013, the Defendant: (a) concluded a consignment contract with the victim Co., Ltd. to sell clothing and receive the sales commission from that time; (b) from that time, from February 26, 2015, the Defendant engaged in sales and collection of clothing of the said company in the above company E located in Gwangju-gu, Seo-gu from February 26, 2015; (c) in accordance with the terms and conditions of the above contract concluded with the victim, the Defendant sold the goods of the victim company at the above store and delivered the sales proceeds to the victim company via E; (d) on April 2013, the Defendant sold a new product (design Number F) in an amount equivalent to KRW 298,00 at the market price provided by the victim company to the customers whose name is not known at the above store during the period of April 2013; and (e) arbitrarily disposed of the goods by means of electronic processing as if they continue to be kept in stock at the store from that time to February 26, 2015.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the prosecution with regard to G;

1. Application of Acts and subordinate statutes within the current status of sales commission fees, current status of excess or excess of sales inspection, and the establishment of good times;

1. Relevant legal provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act on the grounds for sentencing [the scope of the punishment of imprisonment] Class 1 of [the scope of the punishment of recommendation] [the scope of the punishment of imprisonment] [the person who is subject to special sentencing] of the basic area ( April to one year and four months] [the decision of sentencing] [the defendant] is the first offender who has no criminal record and wrong, and the defendant committed a crime in the course of selling at a discounted price due to a store's managerial difficulties, and thus some of the circumstances should be considered.

However, crimes continue for a long time, and the scale of damage is also reasonable.

After the discovery of crimes, the defendant has taken into account his own damage.

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