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(영문) 대전지방법원 2017.05.11 2017고단470
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

"2017 Highest 470"

1. The Defendant: (a) from around October 2014, the Defendant entered into a contract on the consignment sale of mobile phones with the victim F on August 1, 2016; (b) sold the mobile phone supplied from the damaged party; and (c) paid part of the sales proceeds as commission.

On August 2016, the Defendant sold 62 mobile phones equivalent to the total market price of KRW 60,918,00,000, in total from around 62 times to December 2016 and used the price arbitrarily by selling 62 mobile phones equivalent to the total market price of KRW 60,918,00 from around 62 times to around 2016, while the Defendant kept one mobile phone equivalent to KRW 989,930, which was supplied by the victim from the above mobile phone sales store for business purposes.

Accordingly, the defendant embezzled the property of the victim while on duty.

2. The Defendant forged private documents by accumulating the results of sales of mobile phones by means of opening the mobile phone using his/her personal information known to him/her while operating the mobile phone sales store specified in paragraph (1).

On May 16, 2016, the Defendant entered “G”, “H”, and “G” in the name column of customer information on the service site at the office of mobile phone sales at the above mobile phone sales office, “781,000 won”, “29,000 won” in the column of mobile phone service charges, “G” in the name column of customer information on the application for subscription, and forged the service contract under the name of G by arbitrarily signing on the name of the applicant for subscription at will from around the above time to August 22, 2016, and forged seven copies of the application form for mobile phone purchase at a total of seven times as shown in the list of crimes (2).

Accordingly, the defendant is a private document related to rights and obligations for the purpose of uttering.

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