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(영문) 수원지방법원 안산지원 2017.08.18 2016고단4777

횡령등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant is a person who operated a mobile phone sales store in the trade name of "D" in 106 of the C Building 106 in Mosung City.

On April 21, 2016, the Defendant entered into a contract with the victim E, a mobile phone supplier, to supply a mobile phone and to commission the mobile phone. The Defendant appears to have entered into the said contract with the victim E, a mobile phone supplier, on April 21, 201, on the same day, from 38 mobile phone units, April 22, 2016 to 11 units, April 27, 2016; 4 units, April 28, 2016; 11 units, May 2, 2016; 3 units, May 14, 2016; 13 units, May 13, 2016; 3 units, May 13 units, 2016; 18 units, etc. on May 18, 2016; and “the total “the daily indictment” on April 21, 2016 to 208.

Over the past 83,675,90 won of the market price was supplied with 90 cell phone terminals and kept them for the victim. At that time, the above 90 cell phone was transferred to G, a creditor of the defendant, for the purpose of water repayment and embezzled it.

Defendant 695 of 2017 is a person who works as the head of the department in the JJ of the victim corporation of the victim's operation, such as I located in Suwon-si H and the second floor in Suwon-si, and supplies mobile phones to mobile phone sellers.

On October 2015, from around February 2016 to around February 2016, the Defendant embezzled a total of 177,131,000 mobile phone amounting to KRW 177,131,00 as indicated in the list of crimes in the annexed crime that the injured person ought to supply to each sales store and kept in custody for the injured person. At that time, the Defendant embezzled it by selling it to a middle and middle seller at his own discretion or by selling it on the Internet camera, etc.

Summary of Evidence

"2016 Highest 4777"

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made to K in the police statement;

1. A complaint filed and accompanying documents (a consignment contract and a statement of transaction) "2017 Highest 695";

1. The defendant's legal statement (as at the third public trial date);

1. A protocol concerning the suspect examination of the accused by the prosecution;

1.With respect to I and G: