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(영문) 서울동부지방법원 2017.03.16 2016고단4521

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 핸드폰 판매점 ‘B’ 을 운영하면서 피해 자인 ‘㈜ 하나 글로벌 네트 웍스 ’로부터 휴대폰 단말기의 판매를 위탁 받아 가입자를 유치하는 업무에 종사하여 왔다.

On June 30, 2015, the Defendant received a consignment sales device from the injured party, and sold the device in cash of KRW 833,800 to the unspecified foreigner and kept the price in custody for the injured party. On July 30, 2015, the Defendant consumed the price as living expenses and sales operating expenses in mind for the injured party.

In addition, from the beginning of July 2015 to the beginning of August 2016, 2016, the Defendant consumed 12,037,300 won in mind and embezzled the total amount of the sales proceeds of terminal devices over 13 occasions, as indicated in the list of crimes in the attached crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to confirm inventory loss and plan for repayment of bonds;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are confessioned and reflected in the order of provisional payment order, and the facts agreed with the victim and other conditions of sentencing indicated in the records shall be determined in the same manner as the order is given.