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(영문) 서울동부지방법원 2015.10.23 2015고단2086

업무상횡령

Text

A defendant shall be punished by imprisonment 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

From August 4, 2012 to November 11, 2014, the Defendant, as an agent of the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Jung-gu Seoul Metropolitan Government, engaged in the business of delivering or collecting mobile phones at the mobile phone sales store, which is the customer, from around August 4, 2012 to the mobile phone sales store.

At around 11:00 on October 21, 2014, the Defendant embezzled 21 of the above device as a pawned article by providing the above 21 unit of the device to the above H through G, the representative of the above F Ansan point, while taking out KRW 380,00,00 from the Government-based 11:0 to the Government-based 25th floor of “F,” the market value of the damaged company, which is the ownership of the victimized company, which was released from delivery to the mobile phone store or recovered in order to return from the sales store, for the damaged company.

In addition, from that time until November 5, 2014, the Defendant provided and embezzled a total of 219 smartphones worth KRW 153,585,30, a total of 153,585,300, the market value of the damaged company, as shown in the attached list of crimes, as a pawned article, to the representative of the lending company.

Summary of Evidence

1. Statement by the defendant in court;

1. Class I, II, and III police interrogation protocol regarding G: Police interrogation protocol;

1. A protocol of suspect examination of the police officer regarding I;

1. The police suspect interrogation committee 1 and 2 times each of J, K and H;

1. Each police statement of L, D, and M;

1. Investigation report (as to the change of market price of damaged goods):

1. A copy of the name box, a copy of the pawned loan transaction contract, the details of damage, the certificate of employment, the certificate of business registration, the integration of a registered loan company, a statement of transactions, a copy of each pawned loan transaction contract, a copy of each certificate of employment, a copy of the certificate of employment, a copy of the certificate of employment, a copy of the stolen certificate, a business registration certificate, a copy of the certificate of business registration,

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;