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(영문) 서울북부지방법원 2016.05.25 2015고단4604
업무상횡령등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2015 Highest 4604]

1. From November 2014, the Defendant has been engaged in the import of consignment goods for the operation of the victim C from around the 701 to the Hanam-si, and the storage and delivery of consignment goods in D, a wholesale and retail company, etc.

On February 5, 2015, the Defendant arbitrarily sold the consignment goods worthing KRW 38,918,600,000 in total by the same method 29 times from around that time to April 27, 2015, as shown in the List of Crimes (1), to arbitrarily sell the consignment goods worth KRW 38,918,600, in total, in total, by selling the consignment goods in the same way as shown in the List of Crimes (1).

Accordingly, the defendant embezzled the victim's property.

2. Larceny;

A. On January 2015, the Defendant: (a) on January 1, 2015, in cash owned by the victim C, a victim C, who had been located in the said D office, at the first patrol officer; and (b)

L. A. L. theft was committed.

B. On April 2015, the Defendant: (a) around the end of April 2015, 400,000 won in cash owned by the victim C, which was contained in an envelope between creshing of plastic books at the office of the president of the said D.

L. A. L. theft was committed.

[2016 Highest 287] On December 10, 2015, the Defendant: (a) did not have the intent or ability to send a consignment product to the victim even if the Defendant received the payment from the victim E; (b) did not have the intent or capacity to send the consignment product to the victim; (c) the Defendant sent the victim a mobile phone text message with the content that “I would sell more than 12 aler attached to the table” to the victim for sale at KRW 564,00,000; and (d) subsequently, the Defendant acquired 564,000 won from the victim’s corporate bank account (F) in the name of the Defendant on the same day.

[2016 Highest 501] Defendant’s house of the Defendant, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, around December 5, 2015.

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