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(영문) 인천지방법원 부천지원 2017.02.08 2016고단1218
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

From March 2014, the Defendant was actually engaged in agricultural company D (Representative E) that is a company that is virtually one company from around March 2014, and was engaged in agricultural products consignment sales and sales transactions and management.

On March 2014, the Defendant entered into an consignment contract with the victim F who is a farmer and the agricultural products, and acquired 10% of the sales proceeds as commission by the Defendant corporation, and paid 90% of the remainder by 15 days.

Accordingly, from May 1, 2015 to October 1, 2015 of the same year, the Defendant was consigned to sell agricultural products, such as brocons, brocons, and H, and received sales proceeds from companies G and H, and kept in custody for the said victim for business purposes;

7. 17.17. The victim remitted 3,256,000 won to the victim, and the remaining 28,602,404 Won D’s actual amount received from the seller, taking into account other buyers, commissions, etc., and embezzled it by using it as corporate fund or by transferring it to their family members.

Summary of Evidence

1. Legal statement of the defendant (as at the 11th date);

1. Application of the witness F’s legal statement Acts and subordinate statutes;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The crime of this case, as a person in charge of accounting, should manage the sales proceeds in an objective and strict manner and have given the trustee a timely settlement to the truster seller, and then embezzled them for any other purpose, and the crime is not good, taking into account the circumstances under Article 51 of the Criminal Act, such as the amount of embezzlement of this case, etc., and determining the punishment as ordered.

The acquittal portion

1. The Defendant, on August 201, concludes an agreement on consignment with the victim C, who is a farmer, on consignment of agricultural products.

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