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(영문) 수원지방법원 안양지원 2015.07.03 2015고단386

업무상횡령등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Justice] On May 30, 2013, the Defendant was sentenced to one year of imprisonment for the crime of occupational embezzlement in the Gyeyang Branch of the Suwon District Court for the crime of occupational embezzlement, and the Defendant completed the execution of the sentence in the Ansan Prison on April 16, 2014.

[2015 Highest 386]

1. Around November 4, 2014, the Defendant engaged in the delivery and collection of food while working as a delivery source at the “E” office of China’s “E” of the victim D’s operation in Youngcho-si C.

On the same day, the Defendant did not deliver the amount equivalent to KRW 250,000 received from customers who are unable to know their names in the vicinity of the E-China House to the victim, and used the amount for personal use, such as living expenses, in Seoul and Gyeonggi-do, around that time.

As above, the Defendant embezzled the amount equivalent to KRW 7,700,50 for personal use from November 4, 2014 to March 18, 2015, as indicated in the annexed Table 1, by 35 times in the same way as indicated in the annexed Table 1.

2. Fraud;

A. On November 21, 2014, the Defendant made a false statement to the victim “H” in the victim G management “H,” which is located in Pyeongtaek-si F, that “I would not participate in civil defense training and would have paid an administrative fine of KRW 600,000,000 to the victim, and there was no money during the number of times, and would have paid by deducting the amount from the benefits.”

However, the facts are that the defendant was not a person subject to civil defense training, and there was no fine for negligence, and that he was thought to flee with money that he did not work at the above time, and therefore there was no intention or ability to repay the money to the victim even if he borrowed money.

The Defendant received 600,000 won in cash from the victim’s seat to the account of community credit cooperatives in the name of the Defendant, and received 100,000 won in cash.

Accordingly, the defendant was given property to the victim by deceiving the victim.

B. The defendant above

2.(a)

2.2.