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(영문) 서울중앙지방법원 2018.11.15 2018고단5017
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From May 2016, the Defendant has been engaged in the duties of entering, shipping, storing, and inventory management as an employee of the logistics team in the victim B, Inc., a mobile phone retail company.

When the Defendant, while bad credit standing, bears the obligation of several million won due to sports discussions and gambling, etc., the Defendant: (a) entered a short term inventory management computer program into “sale of public instruments” and manipulates inventory quantity; and (b) arbitrarily shipped out the mobile phone terminal of the victim company to raise funds for the repayment of the obligation, etc. by selling it.

The Defendant, at around 18:00 on January 25, 2018, kept for the victim company Alop X (64G) 1 and Aopphone 8(64G) 2 in the warehouse of the company located in Jung-gu Seoul Special Metropolitan City, Jung-gu, for the victim company, arbitrarily taken out after manipulating the inventory of the horse inventory management program as above.

In other words, sales to virtual high-speed telephone sales business operators.

In addition, from that time until July 19, 2018, the Defendant arbitrarily carried out 202 cell phone terminal devices worth KRW 26,6710,600,000 in total by the same method 29 times, such as the list of crimes in the attached list of crimes, and sold them.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal suspect A mobile phone record, list of seizure, details of suspect A mobile phone messages, entire certificate of registration, Nos. 1 through 10, and each investigation report (at a net time 19, 22, 24, 25);

1. Where a person intentionally conceals criminal proceeds (two to five years) in the aggravated area (two to five years) under Article 2 of the Sentencing (the scope of recommending punishment between 100 million and less than 500 million won) (a person who has been specially aggravated) on the grounds of the sentencing guidelines for sentencing of imprisonment, including the pertinent legal provisions and the choice of a sentence, together with regard to the relevant criminal facts (Article 356 and Article 355(1) of the Criminal Act; Article 355(1) of the Criminal Act; Article 32 of the Sentencing on the grounds of sentencing

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