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(영문) 부산지방법원 2013.09.24 2013고단3152

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From October 201, the Defendant has been working as an employee from F (31) and G (36) that is a mobile phone sales store operated by the victim E in Busan Jung-gu from around October 201, and has been engaged in the job of joining mobile communication and selling mobile phone installment to customers.

The Defendant, without selling a normally a mobile phone, opened a mobile phone in the name of the subscriber, or opened a mobile phone through forging a sales contract, etc. using the name of the subscriber by stealing the name of the subscriber, and attempted to sell the mobile phone to a medium-sized mobile phone purchaser.

1. Occupational embezzlement;

A. On November 4, 2011, the Defendant, at the above mobile phone sales store, embezzled 24 mobile phones worth 22,657,800 won in total over 24 times from around that time to December 7, 2012, as indicated in the attached Table of Crimes (1) as follows: (a) as if he/she had sold the mobile phone normally to H with the subscription to the mobile phone and the consent of the installment transaction of the mobile phone; and (b) around that time, he/she opened one mobile phone (such as a type LU6200) in the name of H; and (c) around that time, he/she embezzled 24 mobile phones worth 89,800 won in total from that time to December 7, 2012, as indicated in the attached Table of Crimes (1).

B. On February 9, 2012, the Defendant: (a) sold one mobile phone to I who is a customer at the aforementioned mobile phone sales store; (b) separately from the Defendant, prepared one mobile phone subscription and the consent to the installment transaction of the mobile phone; and (c) additionally opened one mobile phone under I’s name; and (d) around that time, sold one mobile phone to a medium-sized mobile phone sales business entity, the victim’s market value of which is 814,000 won opened in I’s name, and where it is impossible to identify one mobile phone name.