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(영문) 인천지방법원 2020.04.09 2018고단9429

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From August 2017, the Defendant has been working as a member of the store store of the victim C in the first floor of the Incheon Southern-gu B building from around August 2017, and has been engaged in mobile phone solicitation and sales.

On December 1, 2017, the Defendant, at the above place, intended to purchase more than 160,000 of the market price after obtaining one mobile phone (phone number F) in the form of 160,000 of the market price and then embezzled 32 of the mobile phone total amounting to 8,570,000 won and 32 of the total amount of 32 times as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement by the prosecution against C;

1. A complaint filed; 1. Investigation Report (Submission of Materials by Complainant), Investigation Report (Listening to Sound Recording Files), and Investigation Report (to be submitted additionally by the victim);

1. The application of the provisions of Acts and subordinate statutes in Chapter X of the certificate of subscription, such as text dialogue between the suspect and the complainant, the statement of unit price (including the notice of the ownership of a company with a heavyphone), the statement of unit price, the statement of conversations confirmed by the suspect in the Kakao Stockholm, the statement of conversations that is deemed not to have been returned at the time of opening a mobile phone, and the statement of conversations that is deemed not to have been returned at the time of opening a mobile phone, the list of crimes and

1. The relevant Article of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment with prison labor, and the grounds for sentencing;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations] and the basic area of punishment, four months to one year and four months;

3. Determination of sentence: The method and content of the crime in this case, the degree of damage, and the age, character and conduct, environment and crime of the defendant for June.