(영문) 광주지방법원 2014.07.02 2014고단1384

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자간(%)

(영문) 광주지방법원 2014.07.02 2014고단1384

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around February 8, 2013, the Defendant: (a) operated a mobile phone agency in Seogu-gu, Daegu-gu; (b) entered into a consignment contract with the content that the victim provided the mobile phone free of charge to D; (c) sold the mobile phone to customers in D; (d) opened the mobile phone normally through the victim; and (d) the victim entered into the consignment contract with the content that the victim pays fees to D with respect to the normal opening performance of the mobile phone.

The Defendant, according to the consignment sale contract as above, was engaged in a sales business after being supplied with a mobile phone from around February 8, 2013 to March 20, 2013, and was entrusted with 47 mobile phones equivalent to the total market price of KRW 43,740,40, and 272,800 in total with 31 core chips equivalent to the total market price of KRW 272,800 and embezzled arbitrarily by selling it to a used mobile phone purchaser without going through normal opening around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The application of investigation reports (related to submission of data on the complainant), the current status of cell phones core chips, investigation reports (related to the preparation of a list of crimes), investigation reports (related to the submission of a list of crimes), transaction reports (related documents by the complainant), and

1. In addition, Article 356 and Article 355(1) of the Criminal Act regarding criminal facts and Article 356 and Article 355(1) of the Criminal Act regarding the selection of punishment, the reason [the scope of recommending punishment] for sentencing of imprisonment for embezzlement and breach of trust shall be the basic area ( April to January 14) / [the decision of sentencing] of the defendant reflects the crime of this case, while the defendant has no record of being fined once to the defendant, it shall be decided as per the disposition in consideration of the fact that the damage amount is not significant and that the damage amount is not recovered

참조조문

-형법 제355조 제1항

-형법 제356조

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