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(영문) 서울중앙지방법원 2013.11.26 2013고단5366

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On October 27, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on March 16, 2012.

【Criminal Facts】

The order of dismissal 5366

1. The Defendant has been employed as an employee in a restaurant in which job offer advertisements are made on daily advertising places, etc., and has an intent to embezzled food payments, etc. to deliver and collect food;

(a) around 01:00 on April 11, 2013, in the middle-gu Seoul Metropolitan Government C Victim D’s operation, engaging in food delivery and collection business at the “E” food house, and engaging in the business of providing food delivery and collection services to customers, while keeping 1:30,000 won of the food that he/she received from customers, he/she without returning to the victim;

B. around 15:00 on April 24, 2013, at the “H restaurant” in the Yongsan-gu Seoul Metropolitan Government Operation of the Yongsan-gu Seoul Metropolitan Government Green Victim G G, engaging in food delivery and collection business, and engaging in the business of KRW 1.31,000,000, such as the food cost collected from customers, while keeping in custody for the victim, he/she does not return to the victim, and

C. At around 05:00 on June 9, 2013, in the course of engaging in food delivery and collection in the “Kcafeteria” operated by the Jongno-gu Seoul Metropolitan Government Council for the victims’J and engaging in food delivery and collection business, and engaging in the business of KRW 221,500,000,000, such as the amount of food collected from customers, while carrying out the business for the victims, he/she

D. From July 22, 2013, around 21:30 on July 22, 2013, in the course of engaging in the business of delivering food and collecting food at “N” food at the Gangnam-gu Seoul Metropolitan L Victim M management, while engaging in the business of storing KRW 1.50,000,000, such as the amount of food collected from customers, he/she does not return

E. At around 14:00 on August 22, 2013, the victim P was engaged in food delivery and collection business in the middle food house operated by the Jung-gu Seoul Metropolitan Government P, while engaging in food delivery and collection business, and 15,500,000 won, such as the food cost collected from customers, were embezzled without returning to the victim.

The order of dismissal shall be prescribed by the Presidential Decree. < Amended by Act No. 11602, Feb. 7, 2