(영문) 인천지방법원 2016.10.06 2015고단7308

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(영문) 인천지방법원 2016.10.06 2015고단7308

횡령

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2014, the Defendant entered into a consignment contract with the victim E at the “D” store, which is the mobile communication sales store for the Defendant’s operation in Seo-gu Incheon, Seo-gu.

Accordingly, the defendant from January 14, 2014 to the same year.

3. From the time of December, 12, when selling and storing 65 mobile devices owned by the victim E for the victim, the victim embezzled the sum of 40,584,500 won of the mobile devices owned by the victim by means of disposal, etc. to others via the Internet NAVer website “China” as shown in the attached list of crimes, as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement F in the second police interrogation protocol against the accused;

1. The following circumstances acknowledged by each evidence duly adopted and investigated by the court of the transaction specifications, the details of the non-paid mobile device consignment contract, and each of the following circumstances, namely, F, from the investigative agency to the court of this court, received the device upon request from the defendant to return to the customer from the defendant on the first day of April 2014, but the device delivered from the defendant was confirmed as the customer name mark attached to the box and returned to the relevant customer. As alleged by the defendant, it stated that the device was not delivered 24 out of the 42 device listed in the separate crime list as argued by the defendant. The statement was specific and consistent, and the victim stated that the victim was returned 5 bit from F after the closure and locking of the mobile phone sales store. On the other hand, the type and number of the device embezzled or embezzled by the defendant is merely a part of the device embezzled.

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