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(영문) 수원지방법원 평택지원 2018.03.29 2017고단2151
업무상횡령등
Text

A defendant shall be punished by imprisonment for six 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 is a person who has been in charge of the sale of LG electronic Nowon-gu from March 10, 2015 to April 15, 2017, working as an employee in Pyeongtaek-si D Co., Ltd. located in Pyeongtaek-si and was in charge of the sale of LG electronic Nowon-gu.

1. On October 2016, the Defendant: (a) sold LG Electronic Nowon-North Korea (LG13Z950-G.30K) owned by the victim to a non-registered customer; (b) received approximately KRW 750,000 from the sales proceeds for the victim; and (c) arbitrarily used it for private purposes, such as living expenses, etc. around that time, and embezzled it for the victim.

2. From October 2016, the Defendant: (a) around the end of the said “D”, the Defendant: (b) took the LG Empt North Korea (LG15Z960-G. 960-G. 30K, market price equivalent to KRW 1,229,00) owned by the victim; (c) and model name attached labels to “sale use” on the empty site of the same “Empt North Korea for exhibition”; (d) took them into the place of sale use North Korea; and (e) took them down by placing the said LG Empt North Korea in a bank.

The Defendant, in addition to this, during the period from February 2, 2017 to the early police officer, thefted, respectively, with five LG EMs in total, equivalent to KRW 7,417,00, a total market price of KRW 7,417,00, and five LG EMs owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol against E, F, G, H, I, J, K, L, M, N, orO;

1. Application of Acts and subordinate statutes on the screen by filing an investigation report, a record of seizure and a list of seizure, and a Kakao Stockholm course;

1. Relevant Articles 356 and 355 (1) of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing standard / [the scope of recommending punishment / [the scope of recommending punishment] the mitigated area (4 months to 10 months) of the mitigated area (the general larceny) of Class 2 (the general larceny) for general property (the special mitigated person] is a living-type crime.

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