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(영문) 수원지방법원 2018.11.01 2018고정1078
업무상횡령
Text

The defendant shall be innocent.

Reasons

1. The Defendant, from June 2006, is a person who had been in charge of management of the 3rd floor of the building B in Suwon-si, Suwon-si, as well as management of the 3rd floor of the building B in Suwon-si, and was in charge of repairing the d Co., Ltd. of the d Co., Ltd., while taking charge of repairing the d Co., Ltd. of the d Co., Ltd. of the d Co., Ltd., while repairing the d Co., Ltd., and

On May 31, 2017, the Defendant: (a) received a request for replacement of E customer’s liquid amount; (b) maintained the F Model Amount of 154,000 won at the time of the repair cost-free return destroyed after a large-scale replacement in accordance with the repair cost-free policy; (c) sold the F Model Amount of 154,000 won at the time of the repair cost-free return; and (d) deducted the amount returned by the customer to the customer and the amount returned from the customer to the waste of overseas use; and (e) sold the price to the large-scale purchaser and used it for personal use from June 22, 2017, the Defendant used five mobile phone amount of 5 times in the same way as indicated in the attached crime list, and sold and received the price from the purchaser for personal use.

As a result, the Defendant embezzled five total sum of G and H fixed amount (not less than 709,000 won at returned discount).

2. Determination

A. The defendant and his defense counsel asserted that the amount returned by the customers had no fact of embezzlement by changing the amount of waste for overseas use.

B. The evidence as shown in the facts charged in the instant case is the witness I’s statement, each police interrogation protocol against J, K (tentative name), each police statement protocol against L, the suspect’s return of the suspect, the investigation report (No. 1st page 20th page of the evidence record), the current state of return of cell phone defective-free houses (Evidence No. 3rd page 2385 of the evidence record), the seizure of 466 cell phoness overseas, the investigation report (an investigation into the difference between the domestic amount of cell phone d mobile phones and the foreign amount of money).

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