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(영문) 인천지방법원 2017.04.28 2017고단1235

횡령

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual mobile phone sales store called “C” in Incheon Nam-gu B.

On April 1, 2015, the Defendant entered into a consignment contract with the victim F who operates the mobile phone agency of "E" in the name of "E" located in Bupyeong-gu, Incheon, Bupyeong-gu D Building 104-2 and the victim to receive the mobile phone terminal and to supply the mobile phone to act for the sales and opening and to receive certain fees.

From June 27, 2016 to February 4, 2017, the Defendant: (a) opened 70 mobile phone terminals with a total of 58,756,50 won from the victim’s market value, which are owned by the victim and kept for consignment sale for the victim; (b) around that time, the Defendant embezzled 70 mobile phone terminals by arbitrarily delivering 70 mobile phone terminals as collateral for loans from the Namdong-gu G, Incheon, and the Heban on the first floor as collateral for loans to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (Attachment of the pawned Art Contract);

1. Application of the statutes on consignment sale contract, the statement of supply of mobile phones, and the pawned loan transaction contract;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Where the amount of damage caused by the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) exceeds 58,756,50 won, the scope of damage is small;

However, the defendant recognizes a criminal act as a serious reflective and there is no record of criminal punishment.

After the victim filed a complaint, the defendant immediately returned all damaged goods to the victim, and the victim voluntarily agreed with the defendant to withdraw the complaint against the defendant.

The defendant has been making a continuous transaction with the victim until now.

statement is made.

In addition, the records and arguments are shown in the process of the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc.