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(영문) 대구지방법원 포항지원 2014.10.02 2013고단949 (1)
업무상횡령등
Text

A person shall be punished by imprisonment with prison labor for not less than six months for the crimes of the first and fourth crimes in the judgment of the defendant, and for not less than two months for the crimes of the second, third, and five in the judgment of the defendant.

Reasons

Punishment of the crime

Defendant

A In the Daegu District Court Port Branch on May 22, 2013, the sentence of imprisonment with prison labor for the crime of occupational embezzlement, etc. was sentenced to two years, and the sentence became final and conclusive on May 30, 2013, and is currently under the suspension period.

"2013 Highest 949"

1. Occupational embezzlement D: (a) from June 16, 201 to May 2012, 201, a victim E, the representative director of a mobile phone sales company C, entered into an entrustment contract for business with the victim E; (b) a person who was engaged in the business of opening, opening, selling, etc. of mobile phones at six sales stores of the said C C Co., Ltd.; (c) the Defendant, as a temporary employee of D, is an employee of the said C Co., Ltd., who is engaged in the business of opening, opening, selling, etc. of mobile phones by assisting the said employee; and (d) from August 11, 2012 to November 30, 2012, he/she is a person engaged in business of opening, selling, etc. of mobile phones from the victim of mobile phone sales business to the victim F.

On January 10, 2012, at around 12:17, the Defendant: (a) received one cell phone of the amount equivalent to KRW 99,900 at the market price from the victim E for the purpose of sale; (b) sold at his/her own discretion any false opening to the name of the Defendant, sold it to a seller of the mobile phone, and embezzled it by using the price as living expenses, etc.; and (c) as listed in the attached Table 2, from around that time to May 20:26, 2012, the Defendant embezzled it at his/her own discretion during 35,919,40 won at the market price of 42 times in total from around 20:0 to May 14, 2012.

B. The Defendant: (a) was issued one cellular phone of the amounting to KRW 1,089,00 in the market value from the victim F for the purpose of sale at the south-gu G point located in Nam-gu, Nam-gu; and (b) was kept in custody for the victim on his/her duty at his/her own discretion, and (c) was used as a cell phone with no arbitrarily openings.

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