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Reasons
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(영문) 의정부지방법원 2018.05.10 2017고단5834
횡령
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 2012, the Defendant was entrusted with the sale of at least KRW 100 million at around August 2012, 2012, from the victim C’s “D Council member” operated by the victim C in Asan City, to sell a medical device owned by the victim (e.g., Ulsan) at approximately KRW 100 million.

Accordingly, on August 2012, the Defendant entered into a contract with F through E to sell the above medical device with KRW 90 million, which was requested to sell as above, at any place around August 2012.

According to the above contract, the Defendant: (a) transferred the sum of KRW 71,50,000,000 from F to the new bank account (G) in the name of E from August 14, 2012 to November 15, 2013; and (b) received KRW 3,00,000 from October 17, 2014 to the Nonghyup Bank (H) in the name of the Defendant from February 25, 2015; and (c) received KRW 74,55 million as the sales proceeds of medical devices; (b) thereby, he/she embezzled the said amount by arbitrarily using it for personal debt repayment.

2. On August 2016, the Defendant was entrusted with sale of a medical device (i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.

While the Defendant kept the above medical device that was requested for sale on behalf of the victim, the Defendant refused to return it without disclosing the location of the device even though the Defendant received a request from the injured party on August 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A copy of the agreement or a copy of the electronic tax invoice;

1. A certificate of completion of import declaration;

1. Investigation report (or investigation as counter to a purchaser of a medical device);

1. Investigation report (investigation into the details of counter sales of witness E);

1. A criminal investigation report (a criminal investigation on the consignment date of a complainant and a suspect);

1. A written inquiry about details of each transaction;

1. An electronic tax invoice;

1. Application of Acts and subordinate statutes certifying letters, contents and contents.

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