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(영문) 인천지방법원 부천지원 2019.09.19 2019고단1517
횡령
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

The victim B (C) is a company engaged in the manufacturing of bags, handbags, fashion, etc., and the Defendant entered into a consignment contract with the victim on May 14, 2015, and “F” at the E-dong store located in Bupyeong-si D, and sells the goods of the victim company on consignment.

On April 2016, the Defendant sold eight bags equivalent to KRW 67 million at the market price to G. In order to receive additional discount benefit by 10%, the Defendant loaned another person’s modern card to G to pay the price by means of an “punching” method, which received cash of KRW 10 million each month.

However, the Defendant did not pay the price promised by G, but the Defendant sold goods such as bags owned by the victim company, which were kept in custody for consignment sale, in cash, and did not enter the fact of the sale in the sales account book, and had the intent to pay the use price of the credit card as the sales price.

On June 2016, the Defendant embezzled one household (number: CSA2709, date and time of shipment, May 26, 2015) equivalent to the market value of 4,000,000, which was consigned by the victim company for sale at the above “F store” and was in custody by the victim company, without entering in the sales account book, by means of cash sale to a person who is not his/her name.

From that time to October 2018, the Defendant embezzled the property of the victim company, such as 179,271,000, by means of selling cash, etc. without entering in the sales account book, as shown in the list of crimes in attached Form 179,271,00, and 3 miscellaneous houses, such as a bank on the market price, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Examination protocol of the accused by prosecution;

1. Each police statement of H (one time, two times);

1. Each account book and electronic data processing;

1. Application of Acts and subordinate statutes to data submitted by complainants related to the shipment date;

1. Criminal facts;

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