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(영문) 수원지방법원 여주지원 2015.11.23 2014고단824
업무상횡령등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is a person who has been working for the victim E branch office from August 9, 2013 to November 4, 2013 as the victim victim A, which was located in Leecheon-si, the Dispute Resolution Co., Ltd., and the person who has been working as the mobile phone seller at the above E branch office in D.

1. Around September 2013, the Defendant, while engaging in the business embezzlement of a victim’s mobile phone sales business, was in custody of a device for the victim as seen above, he received KRW 400,000 per 3 of LG optionsS LTE among the victims in the store, and sold 40,000 won per name-oriented mobile phone buyers, and then used KRW 2,00,000,000 received from the said business operator as living expenses around that time.

Accordingly, the Defendant embezzled five terminal devices owned by the victim as above.

2. Since the Defendant was working as a mobile phone dealer in the victim company as above, there was a duty to recruit customers in a normal way for the victim and open a mobile phone according to the customer’s genuine will.

Nevertheless, when the Defendant had low records of sales of the mobile phone and pressured, he stolen the name of others, told them to open the mobile phone only three months, and then made the documents as if they applied for opening the mobile phone normally, and opened the mobile phone by making the documents as if they had applied for opening the mobile phone, and increasing the opening performance of the mobile phone by using a “defluencing” method, such as paying the price received by disposing of the opening mobile phone as the price received by other persons.

Accordingly, the Defendant signed the above C around August 26, 2013 as a customer and kept a copy of F’s resident registration certificate, etc. before being kept, and the Defendant stated the F’s personal information, etc. in the subscription application and stated F’s personal information, etc., and used F’s cell phone truely.

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