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(영문) 대전지방법원 2018.11.09 2017고단4905
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant sold the mobile phone of the victim company D, E, and F and the victim company, respectively, at the mobile phone sales agency of the Seo-gu Daejeon Daejeon on May 2017, the Defendant entered into a contract on the consignment sale of the mobile phone with the victim company to sell the mobile phone of the victim company D, E, and F and the victim company, and to pay the remainder of the sales proceeds except the commission fees and the publication subsidies to be received by the Defendant to the victim company, and has engaged

From May 30, 2017 to June 28, 2017, the Defendant received from the said agency a total of 34,380,50 won of the market price from the victim company and received 15 mobile phone 39 units and fluid chips on behalf of the victim company, such as the list of crimes in attached Form 34,380,50, from the victim company, and sold them to G, which is an Internet site, for sale.

Accordingly, the defendant embezzled the property of the victim company that had been under custody in the course of business.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to H and I;

1. Each complaint;

1. The application of each of the Acts and subordinate statutes governing consignment sales contracts and sales consignment agreements;

1. Each of the Articles 356 and 355 (1) of the relevant Act concerning the facts constituting an offense, and the choice of imprisonment;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is not making efforts to recover damage even though the sentencing did not produce significant damage, and other sentencing conditions specified in the records and arguments in the instant case, including the Defendant’s age, sex, and environment, shall be determined as ordered by taking into account such various sentencing conditions as indicated in the instant case records and arguments.

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