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(영문) 대구지방법원 김천지원 2018.06.20 2017고단1865
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from August 2016 to April 2017, is a person in charge of the “G agency” of the victim F’s operation in the Gu and the mobile phone opening, store management, computer management, etc. while working as the store.

1. The Defendant in occupational breach of trust opened a mobile phone on the condition that he receives the mobile phone price from the purchaser by means of payment of the mobile phone price or payment of cash in full, etc., while in charge of opening the mobile phone, and there was a duty to deposit the mobile phone price received from the purchaser into the account in the name of the above agency after normally processing the mobile phone price, and then deposit it into the account in

Nevertheless, in violation of the above occupational duties, the defendant induceds the insured as if the defendant had been in violation of the above occupational duties, and arbitrarily opened and delivered the mobile phone without receiving the payment of the end money from the above subscribers, and then, as if the above subscribers have paid the end money normally, he was able to raise the defendant's mobile phone sales performance by entering the "payment of the principal amount in installments" into the opening computer network of the above agency as "payment of the principal amount in installments".

Around August 19, 2016, the Defendant: (a) opened one unit of 7 mobile phones with the ex-factory price equivalent to KRW 988,900 in the name of the Defendant’s relative in the name of H; and (b) delivered the same to the said H by means of the computerized processing that “the full payment of principal in installment” as above; (c) around that time, from around 200 to April 30, 2017, 54 times in total, as shown in attached Table 1 of the List of Offenses Act from around 28,672,60 won in total; and (d) delivered the cell phone and ped phone with the aforementioned method to the subscribers, thereby having the victims obtain pecuniary benefits equivalent to the above amount; and (d) caused the victims to bear a debt equivalent to the above amount to the head office, thereby causing property damage equivalent to the said amount.

2...

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