(영문) 의정부지방법원 고양지원 2015.05.29 2014고단1014

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(영문) 의정부지방법원 고양지원 2015.05.29 2014고단1014

횡령

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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, while operating C from October 2010 to September 2012, entered into a contract with the victim corporation, after being supplied with clothing from Ethy Ethye, sold the clothing, and deposit the total amount of sales proceeds into the victim’s account on the next day and receiving 18% of sales commission for the following month.

On October 2010, the Defendant sold the goods equivalent to KRW 2,203,60, and KRW 17,801,210,000 from the date of payment to the victim, and embezzled the goods by arbitrarily using KRW 19,703,315,00,00 from September 2012, the Defendant sold the goods in amount to KRW 10,109,70,000 from the date of payment to September 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A complaint (including attached documents);

1. The defendant and his defense counsel recognized the part of 15 million won which was sold and not deposited in cash upon the computerization of the head office, the card transaction details, the fact-finding response, but the part of 4 million won which was omitted in the card sales cannot be recognized as the defendant's failure to enter the card at the beginning of the business or because it was not deposited into the card company or Ban company.

However, according to the above evidence, while the defendant and the victim traded the clothes, the defendant sold the clothing, and entered the card sales separately, and the amount deposited from the card company is smaller than the price of the clothes entered into the card sales. 19,703,315 won out of the price of the goods sold during the contract period with the victim was not deposited, and it was recognized that the defendant used the money as living expenses, etc. without paying a part of the price of the goods sold in cash with the victim. In the process of the defendant's entry into the card sales and the payment to the victim, other parts are only carried out without the involvement of the defendant and the victim.

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