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(영문) 인천지방법원 2014.09.18 2013고단7711
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From May 2012, the Defendant has been engaged in the receipt of mobile phone charges and opening of mobile phone numbers as staff members of D, operated by the victim C from May 2, 2012 to Incheon Southern-gu.

1. Around September 2012, the Defendant interfered with business: (a) entered the fare collection program installed on a computer from February 2, 2012 to August 2012, 853,210 won in total of the mobile phone charges from July 2012 to September 2012, the Defendant falsely entered the amount of KRW 398,880 in total of the mobile phone charges from July 2012 to September 2012 to September 2012.

Accordingly, the defendant interfered with the victim's mobile phone agency fee collection by fraudulent means.

2. Occupational embezzlement;

A. On May 15, 2012, the Defendant returned a f100S mobile phone device, the opening of which was revoked in the above D, and kept it for the victim. Around that time, the Defendant received approximately KRW 400,000 from the above D, and disposed of the said mobile phone device at his own discretion from the seller of the high-standing mobile phone.

From around that time to September 5, 2012, the Defendant arbitrarily disposed of the mobile phone terminals equivalent to KRW 14,438,200 in total of 16 times in the same way as shown in the attached Table No. D (I).

B. Around August 15, 2012, the Defendant kept a mobile phone terminal via the aforementioned D for the victim. Around that time, the Defendant received approximately KRW 450,00 from the seller of the above mobile phone, and disposed of the mobile phone at his own discretion.

From around that time to September 17, 2012, the Defendant arbitrarily disposed of the mobile phone terminals equivalent to the total market value of KRW 14,630,600 through the same method over 15 times as shown in the attached Table of Crimes (Ⅱ).

This is the defendant's property of the victim.

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