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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From April 1, 2001, the Defendant: (a) around June 2007, as a person who operated the island wholesale and retail store in Busan City from around 1, 2001, with the trade name “D”, concluded a publication sales consignment agreement with the victim company on October 4, 201, stating that, around June 2007, the Defendant: (b) had been supplied with the island without compensation from the victim company; (c) sold it to the retail store; and (d) the sales proceeds excluding the commission fees, shall be paid to the victim company on the 25th day of each month, and until the date of payment for sales proceeds, the victim company shall have the ownership in the island; and (d) when the contract is rescinded and terminated, the unsettlement portion among the books kept by the Defendant shall be immediately returned; and (d)
On October 4, 2012, the Defendant received a request from the victim company to return the books owned by the victim company, and the Defendant did not return them without any justifiable reason even though it received a request to return the books owned by the victim company. In the case of the books already supplied at retail stores, the Defendant collected them to return them to the victim company or sold them at retail stores, and even if it was paid KRW 100,000,000 from the border store, which is the customer company, received the payment of the sales proceeds of the books owned by the victim company from October 30, 2012 to November 30, 2012, the Defendant arbitrarily used the books in total,5,026,083 won from November 30, 2012 without returning them.
Accordingly, the Defendant embezzled total of KRW 131,568,938 on books and sales proceeds owned by the victim company in the course of business.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Publications transaction contracts, ownership reservation.