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(영문) 울산지방법원 2018.03.22 2017고단3014
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On January 25, 2017, the Defendant was sentenced to imprisonment with prison labor for more than five months at the Ulsan District Court for occupational embezzlement for the same year.

5.9 The judgment became final and conclusive.

On April 24, 2015, the Defendant entered into an entrustment contract with the victim D, who operated SK Telecom Agent B, by receiving mobile phone terminals, etc. from the damaged party and sold them to the consumers. Proceeds from the sale of mobile phone, services, etc. shall be paid to the injured party on the following day from the day of sale. The Defendant entered into an entrustment contract with the duty that the injured party would receive a certain amount of fee from the injured party. From around that time to September 2016, the Defendant operated the business directly operated e in the name of “F” from Ulsan-gu, Ulsan-gu, Seoul, Seoul, for the purpose of attracting customers, selling mobile phone devices, purchasing instructions, receiving telephone bills, and transmitting the sales proceeds of the end-term and the payment of telephone bills. In accordance with the terms and conditions of the contract, the Defendant was engaged in the business of attracting customers, selling mobile phone devices, receiving telephone bills,

1. The criminal defendant embezzlement of the sales proceeds of mobile phones from the mobile phone on November 27, 2015 to February 21, 2016, at the above “F store” store as shown in the list of crimes Nos. 1 attached hereto, sold mobile phones to unspecified customers on a 36 occasions, and received a delivery of an amount equivalent to 25,543,100 won in total, including subsidies, incentives, etc. for public disclosure from the above price, and received 16,352,600 won after deducting KRW 9,190,500 in total, including subsidies, incentives, etc. for public disclosure from the above price, and did not return the said money to the victim, even though he/she was regularly demanded from the victim on February 2016 while on duty for the victim.

As a result, the defendant embezzled the property owned by the victim in breach of occupational duties.

2. The Defendant’s embezzlement of charges from August 6, 2016 to August 6, 2016

9. 21. The sum of KRW 1,867,60, and the sum of KRW 3,365,767, and KRW 3,767, and the sum of the mutual aid money, such as interim settlement payments, shall be collected from 59 customers, such as G, etc., as in the table 2 of the Crimes List 2.

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