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(영문) 대구지방법원 서부지원 2017.07.14 2016고단2858
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, from November 2015 to May 5, 2016, worked as an employee of the “E” store located in Daegu Seogu-gu Seoul Metropolitan Government, and was in charge of sales of ELS mobile phone sales.

1. The Defendant: (a) visited the said store before entering the private document forgery; (b) forged an application for entry of a cell phone in the name of the said customer; and (c) received a mobile phone in the name of the said customer; and (d) had the intent to open the cell phone in the name of the customer.

On March 12, 2016, the Defendant implemented a program installed on the said “E” store at the said “E,” thereby entering the “F” and the “G” in the name of the subscriber in the “F” and the “G” column, printed out the said application, entered the said “F” and the “F” in the buyer’s column, respectively, and written the “F” and the “F” in the buyer’s name. In addition, the Defendant arbitrarily signed F on each name.

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the above application in the name of F, a private document concerning rights and obligations without authority, and submitted the forged application to the ELS employee Co., Ltd., who is aware of the forgery, as if it were duly constituted.

In addition, the Defendant, from that time by the foregoing method until March 30, 2016, forged and exercised the application form for joining the ELS mobile phone, etc. at least eight times in total, such as the list of crimes (1) in attached Table 2016.

2. Since the Defendant was engaged in the business of selling mobile phone at the “E” store in the victim’s “E” store as above, there was a duty to recruit customers in a normal way for the victim and open the mobile phone according to the customer’s genuine will.

Nevertheless, the defendant has low record of mobile phone sales.

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