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Reasons
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(영문) 서울남부지방법원 2020.02.19 2019고단1212
횡령
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 25, 2017 to December 3, 2018, the Defendant was the representative director of a stock company B for trade business, etc.

around March 20, 2018, the Defendant: (a) entered in an consignment sales agreement with the victim E to the effect that “the Defendant sells the offline imported by the victim; and (b) deliver the principal of the revenue excluding the fee from the sales of the offline to the victim until April 15, 2018; (c) obtained from the victim the total amount of KRW 180,670 (268,282,303, Jan. 12, 2018, the exchange rate of KRW 268,282,30) of the market price from the victim; (d) received KRW 190 (1,412,012 won per piece) from the victim’s office in Geumcheon-gu Seoul and D around March 20, and delivered KRW 190 to the employees of the Defendant at will from March 21, 2018 to April 15, 2018; and (d) received KRW 184,7084,7084,700.20.1.2.4

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Two statements made by a complainant (No. 27);

1. Investigation reports (Attachment of details of loans that a suspect has borrowed as a security) and a loan agreement, and a loan agreement;

1. Application of Acts and subordinate statutes to the investigation report (verification of the market price, etc. of this case);

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 355 (1) of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the motive, background, means and consequence of the instant crime, and the amount of damage, and the Defendant’s liability for the crime shall not be mitigated in light of the size of damage

However, the defendant has recovered from damage and has agreed with the victim.

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