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(영문) 광주지방법원 2016.02.25 2015고단3552

횡령등

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On June 30, 2015, the defendant of "2015 senior group 3552" was sentenced to imprisonment with prison labor for 4 months in the Gwangju District Court and two years in suspension of execution on July 8, 2015, and the above judgment became final and conclusive.

The Defendant is a person who operated a mobile phone sales store from around 2013 to the name of "D" in Gwangju Northern-gu C.

From October 2013, the Defendant entered into a consignment contract under which the Defendant would sell the mobile phone supplied by the injured party Incheon Commercial Code to the consumer and receive the sales commission from the injured party, and stored the mobile phone received accordingly for the victim, the Defendant sold 31 mobile phone units of the total market value of KRW 25,558,500 from October 19, 2013 to August 25, 2014, and embezzled the price in a manner that the Defendant arbitrarily uses it.

"2015 Highest 4943"

1. On March 28, 2014, the Defendant drafted documents related to mobile phones in the total number of 12 mobile phones from that time to May 26, 2015, including entering “G”, “H”, “H”, and “G” in the column for the name of customer information on application for subscription by using a black tool on the paper of a new contract for services kept at the “F” store located in Gwangju Northern-gu, Gwangju, for the purpose of uttering at the mobile phone sales store, and entering “G” in the column for the name of customer information on application for subscription.

As a result, the Defendant forged a document in Chapter 12, such as a new service contract in the name of G, etc., which is a private document on rights and obligations.

2. The Defendant at the time and place specified in paragraph 1, sent a forged service contract, etc. through an electronic computer system as if the aforementioned service contract, etc. was duly formed, to an employee in charge of opening mobile phones who is aware of the forgery.