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(영문) 의정부지방법원 고양지원 2018.02.21 2016고단3902
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 21, 2011, the Defendant was sentenced to one year of imprisonment for fraud at the District Court of Jung-gu District, and the period of parole passed on December 23, 201, when the sentence was executed in a medical institution, the Defendant was provisionally released on December 23, 201 and the period of parole passed on January 24, 2012.

[2] On November 2013, the Defendant proposed that “E” office located in Seo-gu Incheon, Seo-gu, Incheon, which was operated by the Victim C, “E” company that was operated by the Defendant on November 2013, the Defendant leased a warehouse to the victim’s name and sold the goods in lieu of the victim’s goods to the customer if he/she leased the warehouse in the name of the victim, and as a result, he/she sold the goods that he/she received from “E” operated by the victim from February 20, 2014.

The Defendant supplied goods of “E” to a customer, including “F,” etc. from around February 20, 2014 to April 29, 2014, and collected KRW 579,300 from the customer F from March 3, 2014 to the customer’s sales proceeds, and voluntarily consumed the said money for personal purposes, such as living expenses, from around that time, during the business custody of the victim, from around February 3, 2014, to around April 29, 2014, the Defendant arbitrarily consumed the said money collected from the customer F during the business custody for the victim, and from that time until around April 29, 2014, from that time, the Defendant arbitrarily consumed KRW 22,421,300, out of the said money collected from the customer F at the time of Pakistan, for the personal purpose, including daily living expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A contract for sales of products by proxy, each written confirmation, and a statement of transactions of self-reliance deposits;

1. A complaint (including a monthly rent contract for attached real estate);

1. A previous conviction: A criminal history inquiry, personal confinement status, and the text of the judgment [the defendant and his defense counsel do not conclude a contract with the injured party for vicarious sale of the same product as the criminal facts entered therein, but the injured party is not a product.

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