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(영문) 서울서부지방법원 2015.12.29 2014고단1734
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On November 7, 2013, the Defendant: (a) concluded a contract on the management of the victim Es& marketing (main owner) with a mobile phone sales, etc. with the trade name “D” located in Seodaemun-gu Seoul from November 7, 2013; and (b) agreed to receive 30-40% profit per mobile phone sales per mobile phone from the victim.

On November 7, 2013, the Defendant received 99,900 SY mobile phones from the above “D”, and around that time, sold the mobile phone to the mobile phone distributors, and used the sales proceeds for personal purposes, after arbitrarily selling approximately 45,020,80 won in total, over 10 times, as shown in the list of crimes in the attached Table.

As a result, the defendant embezzled the victim's property in violation of his duties.

The Defendant is a person who runs a mobile phone sales store in Seodaemun-gu Seoul from April 2013 to May 2014.

1. Forgery of private documents;

A. On January 15, 2014, without authority, the Defendant entered E’s name in the customer name column of the mobile phone subscription application and entered E’s resident registration number and address, and forged an application for mobile phone subscription in the name of E’s legal representative, which is a private document related to rights and obligations, after stating F’s name in the “F,” “G”, “G”, “Wphone model in the mobile phone name column,” “F on January 15, 14,” “F on the date of application,” and “F on the legal representative column of the applicant and written consent” in the name of F.

B. Around March 12, 2014, the Defendant did not have authority to exercise his/her personal information, which was known to the customers prior to the mobile phone sales store’s operation, for the purpose of cryptizing the identity of H.

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