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(영문) 서울동부지방법원 2018.02.21 2018고정94
업무상횡령등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant’s occupational embezzlement is a person who sells mobile phones and deposits the mobile phone fee paid by the mobile phone users to the head office of ELS in Gangdong-gu Seoul, Gangdong-gu, Seoul.

On April 3, 2017, the Defendant deposited KRW 18,390,650, as well as the amount of KRW 529,000 from his cell phone from his cell phone at the above E store, and embezzled the amount of KRW 14,367,170,000 in the occupational custody, as shown in the list of crimes in the attached Table, and did not deposit the amount of KRW 4,023,480 in the remaining amount, and used it at his own discretion.

2. A thief, around May 2017, the Defendant: (a) stolen the total amount of Samsung mobile phones equivalent to KRW 3,411,10,00 of the market value of Samsung mobile phones S-G95N 1,55 N; (b) the market value of which is equivalent to KRW 79,700,000; (c) 1, SM-N9351; and SM-G9351; and (d) the market value of KRW 821,70,00; and (e) 3,41,100,000, total amount of Samsung mobile phones equivalent to KRW 3,41,10.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on gold details;

1. Relevant Article 356 of the Criminal Act, Articles 355(1) (the point of occupational embezzlement), Article 329 of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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