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(영문) 부산지방법원 2017.03.29 2016고단7431
업무상횡령
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who has run a golf product Do/retailing business under the trade name of "D" in Nam-gu Busan.

From around 209, the Defendant received and sold golf products from the victim E (hereinafter “victim”) from the victim E (hereinafter “the victim company”), and entered into a consignment contract with the victim company to have ownership of the said golf products, to have the victim company paid the said golf products sales proceeds, and to have the victim company paid a certain percentage of the sales proceeds of the said golf products.

On March 26, 2015, the Defendant embezzled the Plaintiff’s golf products worth KRW 33,600,000 in total market value as shown in the attached list of crimes from around that time to April 25, 2016, when the Defendant supplied the Victim Company with one (13) Z 2C (33) golf products (450,000 won in market value) from the Victim Company and kept them for the Victim Company. At that time, the Defendant sold the said golf products at a price below the designated price in breach of the purpose entrusted by the Victim Company, or sold a voluntary device using the device and notified the details of sales in a false manner.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police with respect to F;

1. Investigation report (Attachment - List of Golf Products), investigation report (investigation into data to be submitted additionally by a complainant);

1. Application of the statutes on consignment contract;

1. Articles 356 and 355 (1) (including provisions) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment (including the absence of past record of criminal punishment and the absence of the punishment of the above company under an agreement with the victim company);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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