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(영문) 의정부지방법원 2018.01.05 2016고단3896

업무상횡령등

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In the case of each of the crimes of the 2016 highest order 3896, 4498 decided by the defendant, the defendant shall be punished by imprisonment for one year, and the 2016 highest order 5682 decided by the court below.

Reasons

Punishment of the crime

[criminal records] On April 19, 2012, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for fraud at the Jung-gu District Court on April 19, 2012, and the judgment became final and conclusive on April 27, 2012. On June 9, 2016, the same court was sentenced to six months of imprisonment with prison labor for fraud and two years of suspended sentence, and the judgment became final and conclusive on June 17, 2016.

[2] The Defendant, from around August 28, 2013, operated a mobile phone sales store in the name of “D” from around the Government-Si to the Government-Si from around August 28, 2013, is a person who was entrusted with the sale of a mobile phone owned by the victimized company by the victim SPP marketing (hereinafter “victim”) and was engaged in the sales business, and E is a person who again was entrusted with the sale of a mobile phone from the Defendant and was engaged in the sales business.

The Defendant and E offered mobile phone owned by the victimized Company as collateral to the “H Hall” operated by G in the Incheon Bupyeong F and 202, and offered to use money by borrowing money from G.

On October 28, 2013, the Defendant: (a) was entrusted by the victimized Company with the sale of two mobile phones in an aggregate amount of KRW 2,107,600 in the market value of the victimized Company’s ownership; and (b) was kept on behalf of the victimized Company; (c) delivered two mobile phones to E on the same day; and (d) provided as collateral and received money; and (e) provided as collateral and received money from E at will in the “H Hall”.

From around that time to June 27, 2014, the Defendant provided a total of 72,244,700 won of the market price at his/her discretion from “H Hall” through the same method nine times, such as the list of crimes, and received money.

Accordingly, the Defendant embezzled the property owned by the victimized company.

around January 6, 2014, the Defendant, “2016 Highest 4498,” lent KRW 20 million to the victim J as operating funds at the victim J’s office.