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(영문) 서울중앙지방법원 2018.01.18 2017고단8213
업무상횡령
Text

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B's imprisonment with prison labor of six months, and Defendant C shall be punished by imprisonment with prison labor of ten months.

except that this shall not apply.

Reasons

Punishment of the crime

[Presumption Facts] Smartphones produced by Samsung Electronic Co., Ltd. consisting of “heat glass” to the outside, “heat panel” to recognize the movement of hand in the middle, and “diamp (LM and OLD) type” to show the screen on the inside side. Since the smartphones are treated as a combination of the three parts integrated, the Samsung Electronic Services Center performed repair works by returning the whole amount of the smartphones and replacing them with a new amount of money.

Accordingly, as demand for replacement is increased at a level with a heavy and large-scale and renewable oil (a large-scale replacement with a reinforcement glass only) in a private repair company which is not the Samsung Electronic Service Center, it has been damaged only the reinforcement glass part, and the remainder has been recognized as the productability in the market with a strong and simple damage.

[Criminal facts]

1. Defendant A

A. From January 2016, the Defendant is a person who works as a portable telephone repair engineer in the North Incheon Services Ltd., Inc. (hereinafter “ Samsung Electronic Services L”), a company entrusted with the work of products A/S of the victim Samsung Electronic Services Co., Ltd. from around January 2016, and is in charge of the “M” wave within the said center.

On April 2016, the Defendant accepted Samsung Electronic Services L from its customers’ acceptance of the reinforcement glass part out of the string of Samsung Electronic Telephones which was destroyed by replacing the whole of the amount, and then sold it to a large-scale purchaser, such as “O,” etc., which was kept in business for the purpose of returning the returned amount to the victim company by the customer, as if the waste was damaged by the customer’s acceptance of repair of the string of the string of the string of the string of Samsung Electronic Telephones, which was secured in advance by the customer, to return it to the victim company as if the string string of the string of the string of the string of the string of the string of the string of Samsung Electronic Telephones, and

The Defendant’s above-mentioned month.

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