업무상횡령
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is a person in charge of mobile phone sales while working as a business member at C transmission and diving stores, a mobile phone agency operated by the victim B.
Around September 26, 2016, the Defendant embezzled a total of KRW 13,228,00 by disposing of the cell phone in attached Form 51 times from around 2017 to June 20, 2017, as shown in the annexed crime list, inasmuch as he/she received from a customer who newly purchased his/her cell phone and returned his/her cell phone ju (5) while performing his/her duties for the victim, he/she was unable to know his/her name at his/her discretion while judging him/her, and disposed of the proceeds to his/her own account in the name of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;