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(영문) 서울서부지방법원 2018.05.01 2018고단705
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant, from around 2006 to June 2017, C, located in Eunpyeong-gu Seoul Metropolitan Government, is a person who has been engaged in the repair work of a mobile phone device while working as a repair technician at the Eunpyeong-gu Office.

Around April 2015, the Defendant: (a) performed repair works by replacing the damaged amount to a new amount with respect to the portable phone operator who requested repair due to a large-scale damage by a customer; and (b) kept 10 of the total amount of 277,000 of the value removed from the telephone operator returned by the customer, such as D, E, F, G, H, I, and I, for the victim J Co., Ltd. (hereinafter “victim”); (c) while the Defendant kept 10 of the damaged amount equivalent to KRW 277,00,000 for the victim J. (hereinafter “victim”), the Defendant had to return it to the headquarters of the damaged company via the materials room of the damaged company.

In fact, as if it was damaged, it is replaced with the above damaged liquid sum, and around that time sold the damaged liquid sum of KRW 50,000 or KRW 140,00 per each time to K, a large-scale purchaser, from April 2015 to June 2017, it embezzled approximately 270 of the damaged sum of KRW 21,174,00 in total by arbitrarily selling it to K in the same manner as the damaged sum of the damaged sum of KRW 21,174,00 per each time, as shown in the list of crimes in attached Form 4 from April 2015 to June 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police to K;

1. Each police statement made against N,O, or P;

1. Protocol and list of seizure;

1. The criminal place (additional -A), investigation report (to hear the statement by the staff of the Group Operation Team of the Co., Ltd.), internal investigation report (an investigation into the structure and the abolished amount of smartphones), internal investigation report (the internal investigation into the body and the closed amount of smartphones), internal investigation report (the internal investigation into Q), internal investigation report (the confirmation of the post and door-to-door distribution records sent to Q Q), internal investigation report (the confirmation of the mail and door-to-door distribution records received in Q Q), investigation report (the liquid model and the cost of repair at each time).

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