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(영문) 서울북부지방법원 2019.08.23 2018고정1026

업무상횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

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;