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(영문) 수원지방법원 2018.05.01 2017고단4931
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On October 2013, the Defendant, at the “D” mobile phone sales store in the name of the Defendant located in Ssung City around 2013, disposed of at will the 15 mobile phone again in the list of crimes committed in custody by being entrusted with the sale by the owner corporation, and disposed of at will the 15 mobile phone from the 15 mobile phone in the list of crimes committed in custody by the owner corporation. The Defendant disposed of at will the 2 mobile phone again in the list of crimes committed in custody by being entrusted with the sale by the owner corporation, the owner corporation, and at the disposal of the 3 mobile phone again in the list of crimes committed in custody by the owner corporation, the owner corporation, and at the discretion, embezzled the 4 mobile phone from the 3 mobile phone distribution center in the list of crimes committed in custody by being entrusted with the sale.

Summary of Evidence

1. Each legal statement of witness E, F and G: 1. H and each police statement of the I;

1. Sales contract and accompanying documents, specifications of transactions, inventory status, nominal illegal suspicions, D inventory status, D inventory status, business registration certificate for the consignment sales agreement and attached documents, two copies of bankbooks, two copies of the consignment sales contract, specifications of transactions, claims for damages, confirmation of transaction details of D sales, reply to the details of transaction in the agricultural bank account, four handphones embezzled by the victim;

1. According to the evidence of the investigation agency of E and this court that the defendant had a cell phone store stored in the "D" mobile phone sales store, and the investigation agency of F and this court that confirmed CCTV images that the defendant had a cell phone with a cell phone with a cell phone with a specific and consistent statement in this court, and the statement in this court, it can be acknowledged that the defendant arbitrarily embezzled the cell phone without relation to whether the defendant is the actual operator of the above mobile phone sales store, regardless of whether or not the defendant is the actual operator of the above mobile phone sales store.) and the application of the law of this case

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The circumstances favorable to the defendant for the reasons for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are aggravated for concurrent crimes.

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