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(영문) 대구지방법원 2018.10.30 2018고단3155
횡령
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant was engaged in the mobile phone wholesale and retail business with the trade name of Daegu Suwon-gu B, 101 to September 1, 2017 to March 31, 2018.

person is a person.

A. On September 8, 2017, the Defendant entered into a consignment sales agreement with the victim-in-charged and sold mobile phone prices, mobile phone charges, etc., opened to and sold to the customer, for the victim-in-charged and agreed to pay the victim-in-charged and received.

On November 3, 2017, the Defendant received KRW 164,620 from customers E to take charge of mobile phone use fee and disposed of it in the same place on the same day with the mind of the Defendant and consumed it for personal use, such as living expenses and payment of daily loans.

From that time until February 14, 2018, the Defendant embezzled the total sum of KRW 4,524,340 for personal use, such as the one in attached Table 1.

B. From November 27, 2017, the Defendant entered into a consignment agreement with the victim to pay the complainant the mobile phone price, or the mobile phone use fee received, which is opened and sold to the customer for the complainant, from November 27, 2017.

On the same day, the Defendant disposed of 8 plug mobile phone terminals from the injured party, and consumed them for personal use, such as living expenses and daily loan, at the same time on the same day after being entrusted with the custody of the 8 plug mobile phone terminals from the injured party.

From that time until February 19, 2018, the Defendant embezzled an amount equivalent to KRW 5,753,460 in total for six times, such as the list 2 of the crimes committed in the attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes concerning the receipt of large information fees, consignment sales agreements, receipts and specifications of transactions;

1. Article 355 of the Criminal Act concerning the crime

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