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(영문) 대전지방법원 2018.08.10 2018고단1517

업무상횡령등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On July 9, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of use, such as computer, at the Cheongju District Court, and completed the execution of the sentence at the Cheongju Prison on October 16, 2016.

[Criminal facts] 2018 Highest 1517

1. On February 2, 2017, the Defendant: (a) posted a false statement to the effect that “V20 mobile phones are sold” in the PC room located in the Heung-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) instead of having no intent or capacity to sell a mobile phone, the Defendant received KRW 450,000 from the damaged person to the Agricultural Cooperative account (D) in the name of the Defendant on the same day.

2. A thief: (a) around 04:00 on February 8, 2017, by taking advantage of the gap in the “F” located in Daejeon-dong-gu Daejeon-gu, Daejeon-dong-gu, the Defendant: (b) stolen the 18 K galm equivalent to KRW 3,300,000 in cash, which was owned by the victim G in the West-gu; (c) the market price of KRW 1,50,000 in the market price of KRW 1,20,000 in the market price of KRW 50,00 in the market price of KRW 1,20,000, the victim H owned.

3. On October 25, 2017, the Defendant: (a) engaged in the business embezzlement of the Defendant, as an employee in the Chinese restaurant operated by the Victim J in Seo-gu Daejeon, Seo-gu, Daejeon; (b) engaged in the business of delivering food and receiving food expenses; and (c) engaged in the business of selling food and receiving food expenses from customers; and (d) engaged in the business of selling KRW 243,500,000, including KRW 100,000, which was received from the customers and KRW 100,000, which was received from the victims, and consumed the said money as household expenses around that time.

Accordingly, the defendant embezzled the victim's property.

around December 12, 2017, the defendant of "2018 Highest 1595" received the physical bank card owned by the victim N from the victim N around 608 Mel in Gwangju Mine-gu L, and paid the defendant by the above physical check card.