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(영문) 서울북부지방법원 2018.06.28 2018고정500
업무상횡령
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

The smartphones produced by Samsung Electronic Co., Ltd. consisted of “severed glass”, “severed panel” recognizing the movement of hand over the middle, and “diflass (LMs and OLD) type” showing the screen on the inside. Since the smartphones are treated as a combined type, even if they are damaged only by reinforcement glass, the repair cost was required by either returning the whole amount of the smartphones and replacing them with a new amount of money.

Accordingly, as the demand for replacement is increased at a private repair company that is not the Samsung Electronic Service Center with a heavy and large amount of oil and recycling (a large-scale replacement with a strengthened glass part) in a private repair company that is not the Samsung Electronic Service Center, only the strengthened glass part has been damaged, and the remainder has been recognized as the productability in the market with a heavy simple damage.

In this situation, the Defendants knew that, at the D Center in charge of the product A/S services of the Victim Samsung Electronic Services, the strengthened glass outside of the large-day date was damaged while carrying out mobile phone repair services, but the screen was emitted, if sold to a large-scale purchaser (E, etc.), the Defendants may receive a maximum of KRW 20,000 from KRW 20,000 to KRW 130,000 according to the model and damage status.

1. Defendant A, from September 2012 to August 14, 2017, at Samsung Electronic Services D Center located on the second floor of Seoul FF building, has been in charge of repairing the amount, etc. of Samsung Electronic mobile phones, and has kept and managed the customer’s simple destruction and damage.

On May 25, 2017, the Defendant accepted Samsung Telecommunication D Center by accepting repair from its customers for simple damage 71 jumal jus, and replaced the entire amount by replacing the entire amount, and then used it as an occupational storage to return the returned amount by the customer to the victim company.

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