(영문) 대전지방법원 천안지원 2015.11.10 2015고단1087

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(영문) 대전지방법원 천안지원 2015.11.10 2015고단1087

횡령

Text

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

Reasons

Punishment of the crime

On July 4, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime, etc. at the Daejeon District Court for six years, and the same year.

9.27. The judgment became final and conclusive.

The Defendant is each actual operator of the “C” located in Yeongdeungpo-gu and the “E” located in Ansan-gu, Seoul-si.

1. On December 28, 2011, the Defendant: (a) entered into a sales consignment contract with the victim that “the ownership of a mobile phone terminal sold by the victim is owned by the victim; (b) the victim immediately returned the given mobile phone; and (c) the victim was supplied with a mobile phone terminal, core intrusion, etc. from the victim and kept the victim for the victim; (d) on April 201, the victim terminated the contract for the sales consignment store; and (e) requested the return of the total amount of KRW 10,083,70 in the 11st and the 15th market price of the mobile phone chip; (c) however, the Defendant embezzled the victim’s property by arbitrarily disposing of the mobile phone, such as borrowing money, and neglecting the return.

2. Around December 24, 2011, the Defendant: (a) at the office of “E” and the office of “C” around January 31, 2012; (b) concluded a contract to attract mobile phone subscribers to the effect that “the ownership of the goods sold by the victim is owned by the victim; and (c) the victim immediately returned the said goods upon the victim’s request; and (d) kept the victim after being supplied with a mobile phone terminal, oil erosion, etc. from the victim for the storage of the victim; (b) on February 2012, the victim terminated the contract to attract each of the above mobile phone subscribers; (c) demanded the return of the sum of the mobile phone terminal, core chips at KRW 13,654,300 at the 19 market price; (d) one, “G” and embezzled the victim’s property by arbitrarily disposing of the said goods as security, such as borrowing money.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to H, I, J, and K;

1. L e-mail statement;

1. Written complaint for LG telecom,

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