업무상횡령등
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
[2012 Godan93] The Defendant has been engaged in the business of selling home appliances from May 2008 to January 2012, 2012, as a business member of the victim D Co., Ltd., Ltd., Ltd., which was located in Goi-gu, Goi-si.
On November 29, 2011, the Defendant sold SamsungTV and Aircomer each to E, and received 4,300,000 won money from Samsung TV and Aircom to the Agricultural Cooperative (F) account in the name of the Defendant and kept in custody for the victim. Around that time, the Defendant consumed the money for personal use, such as gambling, in mind, at the KRW 10,000,000 for the victim.
In addition, from around that time to January 29, 2012, the Defendant consumed the total of KRW 66,264,000 by the same method over 27 times from the Cheongju urban area as indicated in the annexed crime sight table.
Accordingly, the defendant embezzled the victim's property.
[2012 Highest 1141] On November 13, 2011, the Defendant made a false statement to the victim G (n, 51 years of age) on the container of the aforementioned D home appliances, stating that “When a customer intends to give a discount to a customer, he/she does not have any credit card, and the customer makes a settlement on behalf of the customer with a credit card on behalf of the customer, he/she will deposit one cooling machine, one television, and one television with a credit card without standing up to December 23, 201.”
However, the fact that the cash received from the customer as the price for home appliances was thought to be used as gambling money, and was already embezzled from the customer and used as gambling money, and there was no intention or ability to pay the price for the credit card of the victim on the date of promise of 40 million won.
The Defendant had the victim pay 6,510,000 won in total by having the victim pay 2,00,000 won to 1 television by using the credit card in the name of the victim and 4,510,000 won to 1 television by using the credit card in the single bank.
By deceiving the victim, the defendant has a property interest.