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(영문) 의정부지방법원 2017.06.12 2017고단52
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 20, 2017, the Defendant was sentenced to criminal fraud, forgery of private documents, criminal intent of the above investigation document, and criminal punishment of embezzlement on January 1, 2017, and the judgment became final and conclusive on February 1, 2017.

[2017 Highest 52]

1. Embezzlement;

A. From April 14, 2016 to May 2, 2016, the Defendant: (a) sold nine mobile phone terminal devices in the foregoing nine times, which are worth the total market value of KRW 8,141,100, and embezzled by selling nine mobile phone terminals in the foregoing nine times, such as i.e., i., Aphone and g., g., a g., a g., which was entrusted with the sale of a mobile phone; and (b) embezzled by selling nine mobile phone terminals in the foregoing manner, which are worth the sum of the market value of KRW 8,141,100, as in the list of crimes in the attached Form.

B. On April 20, 2016, from around May 6, 2016 to around May 6, 2016, the Defendant: (a) sold 18 mobile phone devices, such as Aphones and gallonies, and embezzled by selling 13,405,80 won in total of the market price by selling 18 mobile phone devices in attached Form 18 times, such as gallons (2) in line with the foregoing method, while the Defendant entrusted the sale of the mobile phone and kept 18 mobile phone devices, such as gallons, for the victim.

2. The Defendant, on May 4, 2016, intended to sell a mobile phone to the victim and offer the price to the victim in the “H” cell phone store operated by the victim G located in F in the Nam-si, Nam-gu, Gyeonggi-do.

Although the Defendant made a false statement, the Defendant did not have any intention or ability to pay the mobile phone sales proceeds to the victim from the beginning.

The defendant deceivings the victim as above and obtained the delivery of one mobile phone of 6S mobile phone from the victim who is equivalent to 1,130,000 won at the market price on the same day from the victim.

3. Forgery of private documents and the uttering of a falsified investigation document;

A. On November 20, 2015, the Defendant: (a) at his “J” mobile phone sales stores run by Dog-J, located in the Namyang-si, Namyang-si; and (b) at LG flus by using a black-type pen.

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