beta
(영문) 서울중앙지방법원 2014.02.13 2013고단8487

횡령등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who operated a mobile phone sales store in the name of "C".

1. Around March 3, 2011, the Defendant entered into an agreement on consignment sale of a mobile phone with the said victim after being supplied with a mobile phone device from the victim (or the user) shock range and selling the mobile phone to the consumer.

In addition, from July 201 to September 201, 201, the Defendant was supplied with the aforementioned “C” mobile phone sales store located in Ansan City D from the above victim to the end of the same day, and embezzled the amount of KRW 34,172,600 at the market price of the above mobile phone by selling the above mobile phone at low price to the non-persons who want to purchase the mobile phone through the Internet mobile phone mid-to-face page, while being kept for consignment, the Defendant sold at will the amount of KRW 12,00,000 at the above mobile phone sales store.

2. The Defendant is the member of the homeland reserve forces belonging to the 5171 Armed Forces in the Army.

On January 1, 2012, even though the Defendant moved to a studio in Gwanak-gu in Seoul Special Metropolitan City F at his domicile at his domicile in Ansan-si, the Defendant failed to report his residence without any justifiable reason, thereby making it impossible to deliver the notice of convening the training of the homeland reserve forces on November 1, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the accusation place, consignment sales agreement, written oath against the terminal room, notification of crimes violating the Establishment of Homeland Reserve Forces Act, criminal facts confirmation, and resident registration card (explicates of cancellation);

1. Article 355(1) of the Criminal Act for the crime, Articles 15(2) and 6-2 of the Establishment of Homeland Reserve Forces Act, Article 10 of the Resident Registration Act, and choice of imprisonment with prison labor;

1. Among concurrent offenders, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is divided in depth into the crime of this case and the fact that there is no particular power can be considered.