업무상횡령
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant, from May 6, 2013 to December 24, 2013, was a salesperson of “C Handphone store” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and was engaged in the business of selling handphones and returning handphones.
Around December 9, 2013, the Defendant, at the point 2 of the above store, returned one of the Berrith E, a middle Handphone (829,400 won at the market price) to the name of D and embezzled by arbitrarily disposing of it around that time.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and G;
1. Parts of each statement or sound recording among the protocol of examination of witnesses H and I other than the date;
1. Part of the statement of G, F, and H in the second police interrogation protocol against the accused;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes of the date of return;
1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;