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(영문) 수원지방법원 안산지원 2016.09.29 2016고단1738
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 22, 2015, the Defendant entered into a contract for mobile phone sales commission with the victim, who sells inside and outside information and communication of the victim corporation, and the victim’s mobile phone at the mobile phone sales agency of “E” operated by the Defendant at Silung-si, a mobile phone sales agency of “E”, and the Defendant entered into a contract for sales of the mobile phone with the victim to pay the remainder of sales proceeds

1. On August 1, 2015, the Defendant sold the phone phone 6 (AIP6-64GD) owned by the victim to non-faced customers for KRW 924,00,00. The Defendant arbitrarily used sales proceeds of KRW 782,00,000, excluding consignment fees, for personal purposes while being kept for the victim, and sold 46 mobile phones owned by the victim from the above day to October 26, 2015, as shown in attached Table 1 of the List of Offenses Act, and arbitrarily used the total amount of KRW 27,403,60 for personal purposes while being kept for the victim.

Accordingly, the defendant embezzled the property of the victim while on duty.

2. On October 28, 2015, the Defendant arbitrarily disposed of 32 mobile phones equivalent to 22,211,200 won from the above day to November 18, 2015, including selling at will to foreigners without opening through a domestic mobile phone without the victim’s permission while keeping a gallon (SM-G925K) mobile phone owned by the victim at the above agency, by means of selling to foreigners as public machinery or transferring to F, etc. 32 mobile phones equivalent to 22,21,200 won of the market price of the victim from the above day to November 18, 2015.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol;

1. Application of each Act and subordinate statute of the written complaint and consignment sale contract;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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