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(영문) 전주지방법원 정읍지원 2020.04.14 2019고정106
횡령
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

C, which is a seller of organic fertilizers of victim B farming association, is a fertilizer transaction broker.

On October 29, 2012, the Defendant: (a) notified C and C of the fact that the Defendant was ordered to fertilizers from a fertilizer purchaser by engaging in business activities; and (b) notified C of such fact to C; (c) provided the Defendant with fertilizers owned by the victim if it was delivered to C; and (d) if the purchaser directly deposits the price into the account of the victim, the victim pays KRW 1,400 to C as the sales commission for each fertilizer; and (c) C concluded a consignment contract with the content that the Defendant pays KRW 900 to the Defendant as the brokerage commission.

On March 20, 2013, the Defendant, who received an order from the E Association, to supply the victim’s organic fertilizer to the E Association 120 grams. Accordingly, the Defendant contacted the victim and then C sent the fertilizer to the victim, and C sent the order to supply the fertilizer to the victim. Accordingly, on the same day, the victim delivered 120 copies of organic fertilizer equivalent to KRW 960,000 at the market price to the Defendant.

Since then, the Defendant kept the organic fertilizer on behalf of the victim according to the above consignment contract, but did not deliver it to the E Association on the same day, and delivered the above organic fertilizer to the name-free farmer who was liable for the supply of separate organic fertilizer on the same day.

In addition, from around that time to February 24, 2014, the Defendant embezzled KRW 2,810 (2,810) of organic fertilizer equivalent to KRW 22,480,00, total market value of the victim, as shown in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant;

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