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(영문) 의정부지방법원 2014.10.21 2013고단351
횡령
Text

Defendant

A 1,000,000 won, Defendant B 3,000,000 won, and Defendant C 1,000,000 won.

Reasons

Punishment of the crime

Defendant

C as the head of the headquarters in both States (State) H's business in G, around March 201, entered into a contract with the victim I to produce and supply water dust. The main contents of the contract are to approve only the manufacturing processing cost, based on the fact that the victim purchases the goods to be manufactured.

Defendant

C The victim agreed to purchase at a low price at a low price, and then, on March 29, 201, transferred the amount of KRW 38,500,000 from the victim to the victim, and then imported the amount of KRW 8.2 tons of the original group owned by the victim in China as one container on May 201, and stored it for the victim at H (State).

(H) At the time, H is engaged in a transaction with other companies than the victim, and it is difficult to produce goods due to lack of cost, Defendant B, management director, Defendant A, and Defendant C, first of all, agreed to supplement the original part of the victim after manufacturing other goods by using the original part of the victim’s ownership.

Defendants’ Conspiracy

1. Around May 29, 201, at the immediately preceding State’s around 201, using approximately five ton market value of approximately 25,000,000 won in the raw group owned by the victim and supplies it to J;

2. From June 201 to August 2, 201, from around 1, 201 to around 18, using approximately KRW 6,00,00 of the original group owned by the victim, and manufacturing and selling a water collision with the trademark of the State.

As above, the Defendants conspired and embezzled the amount of KRW 31,00,000 at a 6-ton market price owned by the victim by discretionary consumption.

Summary of Evidence

1. The Defendants’ partial statement (a statement to the effect that the Defendants received money from the victims and received the Water Stex originals with the money, but they used some of them to make the Water Stex products from other customers)

1. C’s legal statement;

1. The statements made by the witness I in the fourth and fifth trial records;

1. A and B of the 8th trial records;

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