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(영문) 수원지방법원 평택지원 2013.11.21 2013고단363
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From April 2007 to November 201, the Defendant operated the Agricultural Machinery Repair Point with “D” in Pyeongtaek-si C.

[2013 Height363]

1. Around January 2010, the Defendant: (a) sold and ordered the payment to G, the representative of the victimized company, at the time, the victim F Co., Ltd. F (hereinafter “victim”) that is an agricultural machinery agency located in Pyeongtaek-si E (hereinafter “victim”); (b) sold the agricultural machinery track of the victimized company to others.

At around 14:00 on April 16, 2010, the Defendant sold a total of 2 boxes, such as 55 straws of ls products (sales price of 31,387,500 won) and sold them to H, and around 14:0 on June 18, 2010, the Defendant sold 62 straws of ls products (sale price of 27,070,000 won) to I and received total of 58,457,50 won as payment.

On April 16, 2010, while the Defendant received the above payment and received the payment, he arbitrarily paid KRW 16,387,500 out of the sales proceeds of the Track Track Track Track Track Track in the damaged company, and arbitrarily used the sales proceeds of the Track Track from the above I as the payment to other companies on September 2010.

Accordingly, around December 7, 2010, the Defendant deposited a total of KRW 28,462,750 on two occasions, including KRW 5,582,750, and KRW 22,880,00,000, among the sales proceeds of the above Tractor by the damaged company, around December 30, 2010, and did not deposit the remainder KRW 29,94,750, and embezzled it by arbitrarily consuming it as above.

[2013 Height636]

2. On August 2010, the Defendant agreed to keep, from K’s employees of the Victim J Co., Ltd. (hereinafter “victim Co., Ltd”) for two years, the two vehicles, which the Defendant had from K to K (the market price equivalent to KRW 8 million) and M (the market price is equivalent to KRW 10 million) owned by the victimized Co., Ltd. (hereinafter “victim”), for two years, for storage fees of KRW 4.8 million from Aug. 2012, the Defendant agreed to keep the said two vehicles from the victim.

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