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(영문) 부산지방법원 2017.01.25 2016고정1293

배임

Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. From October 24, 2013 to July 23, 2014, the Defendant committed a crime on July 7, 2014, the Defendant employed an employee of the victim C, operated by the victim C, who was located in Busan Arts-gu, to sell mobilephones.

Around July 7, 2014, the Defendant: (a) at the foregoing agency around July 7, 2014, sold one mobile phone (S5, 86,800 won when Samsung Gallon, Samsung ju, S5, and 86,800 won) to E, selling the victim’s employee to obtain pecuniary benefits of KRW 866,80, and suffered financial loss equivalent to the same amount from the victim, even though the Defendant was obligated to properly confirm the intention of the opening owner while handling the business of opening the mobile phone; (b) in violation of this, the Defendant purchased a mobile phone in the name of F and disposed of it to another person before the opening of the mobile phone.

2. On July 22, 2014, the Defendant: (a) around July 22, 2014, at the foregoing agency around July 22, 2014, sold one mobile phone (a model name: Samsung G 3; 957,000 won) to E to acquire property benefits of KRW 957,000 and incurred property loss equivalent to the same amount to the victim, even though he/she knew that he/she would immediately dispose of the mobile phone after purchasing the mobile phone in the name of E and opening it through the opening of the opening of the opening of the mobile phone; (b) in violation of this provision, he/she had known that he/she would immediately dispose of the mobile phone after purchasing the mobile phone in the name of E.

Summary of Evidence

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Statement made by the police with regard to C;

1. C Complaints;

1. Application of the Acts and subordinate statutes on a copy of each new service contract, a copy of the specifications of the transaction, and the Kakao Stockholm photograph;

1. Relevant Article 355 of the Criminal Act and Article 355 (2) of the Criminal Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;