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(영문) 의정부지방법원 2016.11.25 2015고단2672

사기등

Text

A defendant shall be punished by imprisonment for two years.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

From April 1, 2013 to January 2014, the Defendant was the head of the E branch office of the Company D located in Namyang-si, Inc., Ltd., and, from January 1, 2014 to May 1, 2014, the Defendant, as the head of the G branch office of the said Company F from January 2014 to May 2014, entrusted the victim H’s cell phone ownership according to the mobile phone consignment contract concluded with the Victim H (I, hereinafter “victim H”).

1. Embezzlement;

A. The Defendant: (a) kept one cell phone ( Model IM-A860S) equivalent to KRW 69,600 for the purpose of sale to the customers for the purpose of sale on November 18, 2013; (b) prepared a new service contract, etc. in the name of J without the consent of J at the above E branch office, and took measures as if J normally opened the cell phone; (c) used the said cell phone from the above office to dispose of it to the medium and medium-sized mobile phone buyer; and (d) embezzled the cell phone by 51,219,309,59, the total amount of delivery after the opening of the cell phone with the aforementioned method or with the consent of the customers from April 4, 2014; and (e) embezzled the cell phone by putting the cell phone up to 51,219,300 won.

B. Around October 22, 2013, the Defendant: (a) kept one cell phone ( Model IM-A890S) equivalent to KRW 99,900 for the purpose of sale to the customers for the purpose of sale; (b) took measures as if K had prepared relevant documents at the above E branch office in the name of K and opened the cell phone normally without the consent of K; and (c) took the aforementioned cell phone from the above office to the seller of the cell phone at that time; and (d) disposed of it to the purchaser of the heavy cell phone from that time to February 10, 2014; and (e) took measures as if K had opened the cell phone normally.