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(영문) 대구지방법원 서부지원 2015.12.10 2015고단1088
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who operates the “E” as a wholesale and retail business entity for agricultural materials, such as fertilizers, in Daegu-Sagu.

Around October 1, 2012, the Defendant: (a) entered into a fertilizer consignment contract with the victim F and the Defendant’s “E” office; (b) entered into a fertilizer consignment contract with the content that, until September 30, 2013, at least 50,000 fertilizers manufactured by the victim and supplied to the Agricultural Cooperative Federation for the purpose of supporting the Agricultural Cooperative Federation; and (c) entered into a consignment contract with the content that, at least 50,000, the amount of the consignment contract shall be paid at least 600 won per annum; and (d) the Defendant shall complete the marking for the payment of subsidies from the relevant Agricultural Cooperative upon the arrival of the fertilizer under the Defendant’s responsibility and present documentary evidence, such as tallying and supplying documentary confirmations, to the victim; and (e) entered into the consignment contract with the victim so that the amount of fertilizer consignment

Accordingly, when the defendant sells fertilizers to farmers who receive a fertilizer subsidy, he/she shall receive the cost of purchasing fertilizers from the farmers and pay the cost to the competent agricultural cooperative, and put a mark on the subsidy account book of the relevant farmer, and the victim can receive the cost of fertilizers from the agricultural cooperative, while the record procedure is completed.

1. The Defendant in occupational breach of trust was supplied with the aforementioned “E” from October 1, 2012 to May 29, 2013. Pursuant to the consignment contract as above, the Defendant was supplied with a total of 63,400 fertilizers, including retirement expenses of 19,850 circulations, entrance fee of 9,650 circulations, and livestock manure of 33,900 circulations.

According to the above consignment contract, the defendant entrusted the sale of fertilizers to farmers who receive the fertilizer subsidy from the competent agricultural cooperative, such as Daegu-gun, etc., and received the fertilizer purchase charge from farmers, and paid the money to the competent agricultural cooperative, and record it in the subsidy ledger of the relevant farmer.

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