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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person operating “D” in Ulsan-gu C.
Since 2008, when the Defendant supplied with golf and golf instruments and sold them, and then remitted the total sales proceeds to the victim, the Defendant entered into a consignment contract with the content that the victim pays fees and sales incentives according to a certain ratio, and engaged in the business of selling golf products owned by the victim according to the terms of the contract.
From March 2014 to June 25, 2015, the Defendant, while keeping the proceeds of golf products supplied by the victim from the above “D” on behalf of the victim, was confirmed that the sum of KRW 76,338,400, out of the proceeds of the sales of the entrusted goods in the course of the inspection of the entrusted inventory was not deposited, and then, on June 25, 2015, the Defendant embezzled the said proceeds by refusing to refund KRW 76,338,400, the sum of the proceeds of the consignment contract and immediately returning the proceeds, despite being notified of the termination of the consignment contract and immediately return thereof by E, who is an employee of the victim, without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Each police statement and defense counsel against F and G alleged that KRW 42,440,00 among the sales proceeds as stated in the judgment is not in the custodian’s position. However, the following circumstances revealed by evidence duly adopted and investigated by this court, namely, ① there is no objective evidence supporting the Defendant’s assertion, i.e., credit account books, etc., ② the sales time and the quantity and type of the goods, ② the Defendant’s assertion that some buyers died, ③ the witness H’s testimony claiming a buyer is difficult to be reliable in light of its content and statement attitude, ④ sales of credit is prohibited according to the consignment contract with the victim.