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(영문) 의정부지방법원 고양지원 2019.10.31 2019고정275
횡령
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 1, 2017, the Defendant entered into an entrustment contract with the victim with respect to the “D”, which was operated on the second floor of the building in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, and decided to close the business due to the aggravation of the operation of the above health center from April 1, 2017. On November 6, 2017, the Defendant was entrusted with the sales of the health center by the victim’s employees E, upon receiving a request from the victim’s employees E for the sale of the sports organization, such as the mining machine and the HS presses, which were in the above health center.

Accordingly, on November 10, 2017, the Defendant entered into a contract with F to sell a multi-wave of KRW 11,000,000,000,000,000,000 from F to the victim’s own use of the sports organization and the Defendant’s possession (around 2,000,000,000,000,000,0000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Legal statement of witness G;

1. Reasons to determine guilty of each specification of transactions;

1. The alleged defendant and his defense counsel have obtained permission from the victim (executive E) to sell the health appliances owned by the victim company in this case and to use the proceeds for the refund of the victim's members and the payment of the health care staff. Thus, the defendant asserts that selling the health care appliances or using the proceeds for the above purposes does not constitute embezzlement.

On the other hand, the witness E knows the sale of the health appliances owned by the victim company to the victim company more well than the victim company, and the defendant himself knows that it is the victim company.

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