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(영문) 의정부지방법원 2018.02.07 2017고단5493
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 15, 2016, the Defendant entered into an intermediate management consignment contract with the victim C Co., Ltd., and around that time, the Defendant operated the clothing sales store of the damaged company in that it was locked in Songpa-gu Seoul, Songpa-gu.

From that time, the defendant had been provided with goods for sale from the damaged company in accordance with the terms of the above contract and displayed and stored in the store and sold goods after selling to the customer. The defendant had been paid from the victimized company a certain percentage of the sales amount of the sold goods with the sales fee.

However, from September 2016, the Defendant, from around 2016, sold clothing at a discounted price than the actual selling price, due to fund difficulties without operating the store and making it difficult for customers to commit the following crimes by selling the clothes of the damaged company and raising cash separately by selling them.

1. The Defendant, who embezzled the clothing for goods in B and B, was provided 984 points from July 27, 2016 to April 10, 2017 by the victimized company and displayed it in the said store, thereby having the above clothing kept in custody for business purposes for the victimized company.

However, from September 2016 to April 2017, the Defendant sold 189 points out of the above goods to customers at a discounted price than their actual selling price in cash and disposed of the said goods at will by a method that does not register sales.

As a result, the Defendant embezzled 189 points of the commercial clothes worth 26,204,50 won in total of the market prices owned by the victimized company.

2. The Defendant, from February 27, 2017 to June 23, 2017, was provided with 507 points from the victimized company and displayed in the above store, thereby allowing the Defendant to keep the above clothing in custody on business for the victimized company.

However, the Defendant from February 27, 2017.

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