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(영문) 서울서부지방법원 2014.06.18 2014고단461
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 27, 2010 to December 14, 2012, the Defendant purchased computer-related hardware from the Victim Telecommunication Co., Ltd. and sold them to the affiliates of the Twit Group and other companies.

From the end of June 2012 to October 2012, the Defendant issued an order for computer-related hardware to the Kanchim Information and Communications Co., Ltd. office located in Seongbuk-gu Seoul Metropolitan Government Seongbuk-dong 330-223 on several occasions, and kept the order for computer-related hardware on several occasions for the victim company. The Defendant received from the Kanchim 32GB 29, 16GB 1, No. 50, No. 16GB 50, No. 1, 1, LG monitors 1, 12, 12, 1, 1, and 3TB 1, and 183,78,000, for the victim company.

From the end of June 2012 to the end of November 2012, the Defendant arbitrarily disposed of, and embezzled, the aforementioned computer-related hardware, which had been kept in business in the Defendant’s residence, from Eunpyeong-gu Seoul Metropolitan Government Down 203, by means of selling them through the Internet portal server’s mid-to-face, among others.

2. Around December 11, 2012, the Defendant sent to the victim E with a word stating that he/she would deposit the price in the victim E with the cell phone Kakao Kakao Stockholm 13.

However, there was no intention or ability to deliver lapt North Korea normally because all embezzled goods, such as Paragraph 1, are sold and no longer sold goods are sold.

The Defendant, around December 12, 2012, by deceiving the victim as above, received money from the victim for transfer of KRW 23 million under the pretext of the Nompt North Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Articles 356, 355 (1) and 347 (1) of the Criminal Act applicable to the crime (the point of occupational embezzlement, the choice of imprisonment), and 347 (1) of the same Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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