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(영문) 서울남부지방법원 2019.07.17 2018고단2423
업무상횡령등
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1. Defendant A shall be punished by imprisonment with prison labor for a year and two months;

2. Defendant B shall be punished by imprisonment for a period of eight months.

Reasons

Punishment of the crime

1. The Defendant of the 2018 Highest 2423 (Defendant A) was a person in charge of sales and sales of mobile phones with the name of “E” in Gwanak-gu, Seoul Special Metropolitan City from the Habman on December 12, 2017 to the Habman on February 5, 2018, entering into a consignment contract with the content that he/she was supplied with a mobile phone from “E” and sold to consumers on January 5, 2018, and was in charge of the settlement of sales and sales proceeds.

Around January 19, 2018, the Defendant sold 1,57,600 won of the Daphone X mobile phone from the victim company to G, and embezzled 6,734,200 won of the sales proceeds of the cell phone 5 mobile phone as indicated in the attached Table (1) through 5 from around that time to January 29, 2018 by arbitrarily selling 37,200,000 won in total at 37,00,000,000 won of the mobile phone 6,734,200, and 38,000 won in total, as stated in the attached Table (1) 6 through 38.

2. The Defendant (Defendant A) operated a mobile phone sales store from December 2, 2016 to July 2017 with the name of “J” in the Gwanak-gu Seoul Special Metropolitan City H building and “J” in subparagraph I. A.

On May 12, 2017, the Defendant embezzled the sales proceeds of a mobile phone device and a mobile phone sales proceeds from the above “J” office to entrust the sales of the mobile phone device owned by the victim from K in the case of the victim, and the sales proceeds from the mobile phone is deposited into the account of the victim, and the sales proceeds are deposited into the account of the victim in return for the deposit of the business trust agreement to receive the so-called “Leber” money, and the victim received 21 mobile phone terminals from the victim and kept them in custody for the victim.

From May 12, 2017 to June 10, 2017, the Defendant, at the above “J” office, received from the victim’s cell phone HOE-128GB, etc.

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