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서울남부지방법원 2012.12.20 2012고단3266
횡령
Text

The defendant shall be innocent.

Reasons

1. Around August 2010, the Defendant: (a) issued and sold (g) G English textbooks with E, a victim Co., Ltd., Ltd. (operator of Dong-gu, Incheon; (b) concluded a contract on the same business; (c) around November 4, 2010, the Defendant requested H (representative I) to produce 15,500 copies of the English curriculum equivalent to KRW 39,275,000 at the market price in the victim’s name.

Around December 2010, the Defendant received a declaration of intent to reverse a partnership agreement from the above E, and then used the amount equivalent to KRW 25,650,00 at the market price, which was received from H, from around January 201 to February 201, as the price for two thousand five hundred and sixty-five copies of the English teaching materials of the victim from H, from around January 224, 201, while keeping the amount equivalent to KRW 25,650,00 at the market price. However, even if the settlement between E and E was

Accordingly, the defendant embezzled the victim's property.

2. Determination

A. According to the evidence submitted by the prosecutor, (1) around August 2010, the Defendant: (a) published and sold (g) G English textbooks in the Nam-gu Incheon Metropolitan City, Inc. 224 with E, an operator of D, and entered into a partnership agreement with the content that the proceeds would be reflected in the (g) G English textbooks; (b) the Defendant assumed office as the representative director of D around October 20, 2010; (c) the above contract was terminated on or around December 2010; (c) the Defendant, the representative director of D at the time, delivered 2,565 copies of English language from H from January 224 to February 201 of the same year; (d) the Defendant sold and distributed the above English textbooks to each of the above J, 500, 1,700 to 70 to 1,800 to 1,000 to 50,000 won free of charge, and sold and distributed them to each of the above schools.

B. The crime of embezzlement is against another person’s duty entrusted by him.

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