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(영문) 대구지방법원 2015.02.05 2013고단4907
업무상횡령등
Text

Defendant

A Imprisonment with prison labor for three years and for six months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant B, on June 19, 2013, sentenced Defendant B to six months of imprisonment and two years of suspension of execution as a crime of fraud in the Changwon District Court Msan Branch of Seoul District Court on June 19, 2013, and the said judgment became final and conclusive on June 27, 2013.

【Criminal Facts】

Defendants were operating mobile phone sales stores in the name of "G" in Daegu Suwon-gu F.

The Defendants agreed to sell the mobile phone through the consignment of the victim H’s (LG PPPP agency, and the JP agency operated by the victim I, and each of the mobile phones sold the mobile phone using a certain fee collected from the victims. Defendant B borrowed from K, and Defendant A used money to raise money by disposing of the mobile phone terminal from each of the respective requests made by Defendant A to pay the amount guaranteed by Defendant A.

1. The Defendants’ co-principal

A. When the Defendants determined that it is not adequate to repay the borrowed money even after disposing of the mobile phone that is kept in the above G office because the volume of the mobile phone devices was not high, they were newly supplied with the mobile phone devices from the victim H and the victim I and conspired to dispose of them by receiving certain money from the purchaser of the mobile phone.

On August 30, 2012, the Defendants, within the above G office, provided phone calls to the victims and provided the cell phone terminals with false statements as if they were opened and sold normally to the general consumers.

However, at the time of fact, the Defendants only intended to take money by disposing of the mobile phone buyers as above, but did not intend to open or sell the mobile phone normally against the general consumers.

The Defendants, as described in the attached Table of Crimes (1), received one cell phone unit from the victim H on the same day from the same day as LG-F160 LV L, and 45 times in total on the same day from the victims.

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