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(영문) 서울중앙지방법원 2014.01.28 2013고단3404
업무상횡령등
Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of two months.

evidence of seizure.

Reasons

Punishment of the crime

Defendant B was sentenced to imprisonment with prison labor on September 12, 2013 at the Seoul Central District Court for larceny, etc., and the judgment became final and conclusive on September 24, 2013.

【Criminal Facts】

1. The Defendants’ co-offendered Defendants engaged in mobile phone sales at the “F” mobile phone sales agency operated in Busan-gun, the victim E, from December 26, 2012 to January 11, 2013.

In collusion, from December 26, 2012 to January 11, 2013, the Defendants kept 3 of the aforementioned sales agencies for sale of mobile phones, such as “trigal lusium lusium 2”, “trigal lusium 2”, and “LG options lusium”, and used 15 mobile phones equivalent to KRW 14,70,400 in total, as shown in the list of crimes (1) in the course of performing their duties, and used 15 mobile phones in a way that they receive cash from a mobile phone purchaser on his/her name and receive cash from the victim without the victim’s permission.

2. Defendant A

A. From July 2012 to October 11, 2012, the Defendant and B engaged in mobile phone sales services at the “I” mobile phone sales agency in Gwanak-gu in Seoul Special Metropolitan City.

At around 19:00 on August 13, 2012, the Defendant, in collusion with B, kept three mobile phones of “bera” for sale at the above sales agency, and embezzled 102 mobile phones worth KRW 102,00,000 in total on 23 occasions from around that time to October 14:00, as indicated in the separate crime list (2) from around 20 to around 14:00, 2012, with the victim’s permission, while in the course of business, he/she received three mobile phones from the victim’s cell phone purchase without permission.

B. On December 26, 2012, the Defendant stated that “F,” the transaction entity of “F” in the “F” in the Victim E Operation, “F,” the Defendant, “F, has opened a cellular phone at F,” one cellular phone of “trigal gallon 2” equivalent to KRW 1,089,000 at the market price.

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