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(영문) 광주지방법원 2017.11.23 2016고단4499

업무상횡령

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Criminal facts

The defendant, when he receives the price from customers in cash while delivering a restaurant to China, paid it to the card terminal using the Gwangju Bank's Cream Card, Hyup Card, Nonghyup AC Cze Card held by the defendant, printed out the card terminal, and then immediately revoked the transaction, and then raising cash by submitting only the printed pre-approval slip to the restaurant proprietor.

1. From November 26, 2014 to May 26, 2015, the Defendant related to the victim B performed delivery service at D restaurants operated by the victim B in Gwangju Mine-gu, Gwangju Metropolitan City from November 26, 2014.

On February 1, 2015, the Defendant embezzled 3,013,50 won through 92 times, as shown in the attached list of crimes (1) from around April 26, 2015, including submitting to the victim only a pre-approval slip of KRW 33,500, which was printed out using the body card of the Gwangju Bank, and using the said money, while receiving KRW 33,500 for food from the customer on behalf of the victim.

2. From May 2015 to May 2015, the victim E-related Defendant served as the delivery date in G restaurants operated by the victim E in Gwangju Mine-gu by the victim E.

On May 5, 2015, the Defendant received KRW 30,000 from customers for food, and embezzled KRW 30,000 on 22 occasions as shown in the attached Table of Crimes (2) from May 23, 2015 by submitting only a pre-approval slip of KRW 30,000, which was printed out using the NAC C C C C C Card and used the said money to the victim, while carrying out business for the victim.

3. The victim H-related Defendant performed delivery from May 30, 2015 to January 30, 2016 at the J restaurant operated by the victim H in Gwangju Mine-gu.

On June 2, 2015, the Defendant received 24,000 won as food cost from customers and kept for the victim, and only the 24,000 won approval slip printed out on behalf of the victim using the body card of the Gwangju Bank.