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(영문) 대구지방법원 김천지원 2020.04.23 2019고단1278
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2019 Highest 1278] The Defendant has served as a driver from April 2018 to (State)B, and has been engaged in the transportation of cargo entrusted by the victim C (State).

At around 14:00 on June 13, 2019, the Defendant: (a) was in the course of business in order to load 8.0M o-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Accordingly, the defendant embezzled the victim's property.

[200 Highest 156] No person shall use telecommunications services provided to a mobile communications terminal in the name of another person or use telecommunications services for the collection of the relevant fund by opening, on condition that he/she provides or lends funds.

Nevertheless, on November 2017, the Defendant accepted the proposal that “I will pay money to the intermediary role in opening and selling a prior chip” from a person without a name (hereinafter “K”), and the Defendant advertised that “I will open a prior chip through the Internet,” and the Defendant opened the prior chip in the name of another person under the name of another person from the Defendant’s name on the Internet.” The Defendant opened the prior chip at the mobile phone agency to open the prior chip under the name of another person under the name of another person. The Defendant conspired to sell the prior chip under the name of another person from the Defendant as above.

Accordingly, around February 5, 2018, the Defendant’s mobile phone agency located in Gyeongbuk-gun L, which reported and contacted the Internet advertising comments of the unclaimed winners.

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