beta
(영문) 수원지방법원 안산지원 2016.11.17 2016고단3206

업무상횡령등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

[206] The Defendant, from July 22, 2014 to November 24, 2015, worked in the “E”, a mobile phone sales store located in Ansan-si DD Building 605, Ansan-si, from around July 22, 2014 to around November 24, 2015, purchased and sold the used mobile phone in custody for the company due to the shortage of his/her living costs due to various debts, and received the used mobile phone to pay the installments to those who hold the used mobile phone, and then received it to raise the living costs by selling it.

1. Around July 8, 2015, the Defendant embezzled occupational embezzlement: (a) around 2015, the Defendant used a gallon ju S3 and Handphone returned by the deceased on behalf of the said office on behalf of the said company; (b) around that time, he sold the gallon Handphone to “G” located on the second floor of the F of the building in Ansan-si, Ansan-si; and (c) around that time, from around 64 times to November 19, 2015, he arbitrarily sold the 64 mobile phone 17,700,000 won in total of the market price by the above means as above.

2. Fraud;

A. A. Around May 2015, the Defendant made a false statement to the victim H by phone calls at the above office, stating that “If gallon thallon 4 is returned through the recent opening gallon thallon, the amount of installments of the device will be resolved at an internal price.”

However, the defendant did not have the intention or ability to settle the installment of the device even if gallon 4 is delivered by the victim.

The defendant is against the victim of the same damage.

6. The first patrolman obtained a gallon 4 gallon character equivalent to KRW 800,000 in the market value and acquired it by deception.

B. On August 7, 2015, the Defendant made a false call to the victim I at the above office to the effect that “When returning a used medium cell phone that was previously used, the Defendant would not pay KRW 300,000 of the new Handphone terminal cost.”

However, the defendant's cell phone is now being used by the victim.