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(영문) 서울서부지방법원 2016.06.17 2016고정260
횡령
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the representative of corporation B (hereinafter “B”).

On February 14, 2014, the Defendant entered into a contract for the supply of goods (hereinafter “instant contract”) with the victim D on behalf of the victim C, Gangnam-gu Seoul, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, and C, under which the Defendant reserved the transfer of ownership by the completion of payment of KRW 3,100,000,000 (hereinafter “the instant goods”).

Since then, the Defendant paid KRW 15 million out of the price of goods, however, the Defendant failed to return the said goods even if he received a request from the injured party to August 1, 2014 by the date on which he/she promised to pay the remainder of KRW 16 million.

2. Determination

A. According to the evidence duly admitted and examined, the following facts can be acknowledged.

1) February 14, 2014

The instant contract was concluded between B and the victim.

At the time, the contracting parties agreed that KRW 10 million, out of KRW 31 million, shall be paid on the date of the contract, and KRW 10.5 million shall be paid until July 4, 2014, and the remaining KRW 10.5 million shall be paid until July 31, 2014, respectively, and if the payment of the price of the goods is delayed, the damaged party may recover the goods in its judgment (hereinafter referred to as “instant goods”).

2) After the lapse of July 4, 2014, the victim did not receive KRW 10.5 million. On July 8, 2014, the victim sent a letter to B stating that he/she would recover the goods of this case (hereinafter “the notice on the recovery of the goods of this case”), and around that time, the notice on the recovery of the goods of this case reached B.

After that, the victim received additional reimbursement of KRW 5 million from B.

3) B had occupied the instant goods by June 21, 2015, but was different.

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