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(영문) 서울동부지방법원 2013.06.19 2013고단420

업무상횡령

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to 8 months of imprisonment and 2 million won of a fine for occupational embezzlement by the Suwon District Court on February 16, 2012, and completed the execution of the said imprisonment in the prison of the North Korean Peninsula 1 on August 6, 2012.

1. On October 31, 2012, the Defendant: (a) was in charge of delivery and collection of money at a “Ecafeteria” restaurant operated by the victim D in Songpa-gu Seoul Metropolitan Government; (b) on October 21, 2012, the Defendant, at the above store, embezzled the said money by arbitrarily using it in his/her daily life, etc., while keeping the victim in his/her duties.

2. On January 26, 2013, the Defendant, while taking charge of delivery and collection at the “H restaurant” operated by the victim G in Gwangju City, embezzled the said money by using the said money to arbitrarily live expenses, etc. in the sports group around that time while he was on business custody for the victim, at around 20:55, he was in charge of delivery and collection of money.

3. On October 29, 2012, the Defendant: (a) was in charge of delivery and collection at the “Kcafeteria” restaurant operated by the Victim J in Seongbuk-gu, Sungnam-si; (b) deposited food to customers in the above store with the name in return for the amount of KRW 150,000; and (c) embezzled the said money by using the said money in his/her own cost of living, etc. at the time of his/her occupational custody for the victim.

4. On October 25, 2012, the Defendant: (a) took charge of delivery and collection of money at the “N” point of the victim M management “N” located on the 1st floor L in Permitted-si L; (b) took charge of delivery and collection at the above store around October 15, 2012; (c) received one food fee from the victim, who is the victim’s ownership from the victim; and (d) embezzled the above amount of money by using the food fee of KRW 331,000,000 from the customers in the name of the victim, who kept the same for the victim in his/her business at his/her own discretion, around that time.