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(영문) 전주지방법원 정읍지원 2020.02.05 2019고합49
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person running C agricultural partnership in Go Chang-gun, Chang Chang-gun, Jeon Chang-gun, and the victim D is a person engaged in agricultural product processing and distribution at the front line in Jeju Island.

On October 2016, the Defendant entered into a mutual agreement with the victim and the victim for a culture-free partnership business with the victim, and purchased a dry field in the form of so-called " dry field so-called dry field" in which the Defendant jointly invested and managed it, and the Defendant entered the facts in the facts in the facts in the facts in the judgment of the Korea Agriculture and Fisheries Corporation in the harvest season into the facts in the facts in the judgment of the Korea Agriculture and Fisheries Corporation. The Korea Agriculture and Fisheries Corporation was amended by Act No. 10932, Jul. 25, 2011, and changed its name into

(hereinafter “Agricultural and Fisheries Distribution Corporation”) agreed to supply free of charge and distribute profits.

Around that time, the victim entered into a contract to sell agricultural products with a single dry field located in Seopo-si, Seopo-si, Seopo-do, and the Defendant entered into a sales contract with a total of KRW 352,60,000 for dry field total of KRW 55,77 by October 31, 2016, by means of remitting the purchase price to the seller.

The Defendant and the victim, until February 2017, managed the dry field purchased as above and shipped free of charge, and the Defendant supplied 53,449 gs (20 gs) to the Agricultural and Fishery Distribution Corporation, and around March 2017, received KRW 1,175,878,000 in total from the E-cooperative account (F) in the name of the Agricultural Partnership Corporation, and kept in custody for business purposes.

On June 2017, the Defendant, at the Defendant’s house located in the Go Chang-gun of North Korea, embezzled the Defendant’s refusal to return, despite receiving a request from the victim to “if the shipment was completed without delay, to settle the accounts of the profits under the said business contract.”

2. Defendant and his defense counsel’s assertion

(a) The victim around October 2016.

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