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(영문) 대구지방법원 2014.12.18 2014고단4736
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from October 201, worked as the victim's mobile store leader in Daegu Northern-gu C (hereinafter referred to as "victim Company") from around 201, was engaged in affairs such as mobile sales and fund management.

On August 4, 2013, the Defendant embezzled the Plaintiff’s mobile phone purchase at will, while he kept the mobile phone for sales in the instant mobile phone sales store for the victim’s company, with only one mobile phone (AIP5-15W) equivalent to 484,000 won in the market price owned by the victim’s company, and one mobile phone (AIP5-32B) equivalent to 550,000 won in the market price, and one mobile phone (SHV-E250W) equivalent to 69,600 won in the market price.

The Defendant, including that, from that time until June 29, 2014, sold and embezzled a total of 71 times as indicated in the list of crimes in attached Form 71,453,80 won of the market value of the victim’s company by the aforementioned method, and then arbitrarily sold and embezzled it to the purchaser of the mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Details of transactions;

1. Application of Acts and subordinate statutes to certified corporate register;

1. Reasons for the sentencing of Articles 356 and 355 (1) of the Criminal Code of the relevant criminal facts [the scope of recommending punishment] 1 (14 million won) of the basic area (4 to 14 months) of the Criminal Code / [the decision of sentencing] / The defendant has embezzled a mobile phone over 71 times, and the amount of embezzlement exceeds 71 million won, and the damage has not been fully compensated. However, the defendant bears a total of 39 million won, including charges for the mobile phone, installment payments for the mobile phone, and penalty, and the victim has been reimbursed with a total of 34 million won (2 million won from the Seoul Guarantee Insurance Co., Ltd. where the defendant is liable for compensation; 14 million won has been repaid to the victim); 71 million won has been embezzled; and 34 million won has no record of punishment.

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