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Reasons
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(영문) 서울동부지방법원 2013.08.21 2013고정954
횡령
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On May 2010, the Defendant purchased KRW 100,00,00,00,00 from C, such as the Lbabagbags for relief, respectively, with the burden of KRW 10,000,000 by the Defendant, and KRW 90,000,000,000 for the victim D, and the Defendant agreed to sell the above clothing to others. While the Defendant was kept in the warehouse for the victim's operation in Gwangju, the Defendant sold the clothing equivalent to KRW 10,000,000,000,000,000,000,0

Around November 15, 2011, the defendant, who did not sell the clothing owned by the victim for a period of one year and six months, stated that "if the victim does not want to sell the clothing, such as Cheongbow, it shall be detached if he/she would sell it to 50 million won," the victim consented to the sale of the clothing owned by the victim at 40 million won from the warehouse on November 21, 201, and again sold the above clothing to G on the same day after deducting the down payment of KRW 10 million from the above G, the sum of KRW 4 million, including the sum of KRW 40 million, around November 25, 201, KRW 50 million, and KRW 17 million, and the remainder of the down payment of KRW 2 million paid to the victim in cash to the victim, and KRW 3 million, one million, after deducting the remainder of the money paid to the victim for the custody of the victim, and KRW 4 million from the remainder of the down payment for the purpose of one million.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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