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(영문) 창원지방법원 마산지원 2018.11.13 2018고단671
횡령
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A defendant shall be punished by imprisonment for one year.

The request of the applicant for compensation shall be dismissed.

Reasons

Criminal facts

The Defendant, a person who actually operates D's agency in Gyeongcheon-gun, Gyeongcheon-gun C, entered into an arrangement for brokerage and sale with the victim P&C Co., Ltd.

Accordingly, upon receiving a request for the supply of fertilizers from a local farmer, the defendant received a fertilizer from the victim company and delivered it to the local farmer, and received a certificate of confirmation of acceptance and submitted it to the agricultural cooperative, and the agricultural cooperative paid the amount of fertilizer to the victim company, the defendant would be paid the fee according to the quantity of delivery from the victim company.

Around July 2015, the Defendant issued to the victim company with a 700 gamball fertilizer to be kept by the victim company, and then arbitrarily sold it to a farmer whose name is unknown without delivering it to the local farmer in accordance with the good offices sale agreement, and received the price directly. From around that time to June 2016, the Defendant issued a 24,795 gamball from the victim company with a total of 12,801 gamballs, and then sold at will the remainder of 11,94 gamballs equivalent to the market price of 96,431,760 gamballs in accordance with the good offices sale agreement. From September 2015 to June 2016, the Defendant provided the victim company with a total of 16,380 gamballs from 11,926 gambling to 11,926 gambling to 1084,750.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of E in the protocol of interrogation of the suspect against the defendant in the prosecution

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion of Lawsuit, etc. of Dismissal of Application for Compensation;

1. The scope of applicable sentences under Acts: One month to five years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria:

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