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(영문) 청주지방법원 2018.01.30 2017고정894
업무상배임
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 11, 2017, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Cheongju District Court, and the judgment became final and conclusive on November 30, 2017, and operated a mobile phone sales store with the name of “C” from May 2015 to March 2016.

On June 2015, the defendant entered into a mobile phone consignment agreement with the victim's bank administrator, which is an affiliated agency of KTT, with a mobile phone consignment agreement.

According to the above consignment consignment agreement, since the opening or sale of a mobile phone by fraudulent use was prohibited, the defendant was not allowed to open or sell a mobile phone by stealing another person's name.

Nevertheless, around July 6, 2015, the Defendant, at the aforementioned “C” mobile phone sales store, violated the aforementioned duties and opened only one cell phone by stealing the name of D, and thereby making use of another person’s name from that time to August 7, 2015, opened six mobile phone units by stealing another person’s name on a total of six occasions, such as the list of crimes in attached Table 2015, thereby obtaining pecuniary benefits equivalent to the sales commission for this reason, and caused the victim to pay KRW 7,006,780 due to the illegal use in the name of the KT to the KT in the case of a property damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. A list of forced receipt of the name by force;

1. A receipt for each Oleh block;

1. A consignment receipt;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a confirmation while pending an appellate trial on a case-by-suspect);

1. Articles 356 and 355 (2) of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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