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(영문) 서울동부지방법원 2018.05.17 2018고단380

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On November 16, 2016, the Defendant was sentenced to six months of imprisonment for occupational embezzlement at the Seoul Northern District Court’s Seoul Northern District Court on February 1, 2017, and the said judgment became final and conclusive on February 1, 2017, and completed the enforcement of the sentence at the female prison on March 25, 2017.

[Criminal facts]

1. Occupational embezzlement: 2018

1. Around 28:20, around 20, at around 13:20, a food restaurant operated by the victim D in Seongdong-gu Seoul Metropolitan Government, engaged in food delivery and food service as an employee, and has kept 1,80,000 won or more of the market price of 1,80,000 won and 1,80,000 won in the market price of the victim's possession for delivery and delivery from his/her employees for the victim. At around that time, he/she has been in custody for the victim. At around that time, he/she embezzled the above food price and 30,000 won in cash and 30,000 won in the process of embezzlement from October 13, 2017 to January 29, 2018.

2. On January 18, 2018, the Defendant stated that “I” restaurant operated by the victim H located in Jung-gu Seoul Metropolitan Government, Jung-gu, that “The said victim would be extremely open to the delivery center, so the Defendant would be 200,000 won in advance.”

However, in fact, the defendant did not intend to work as the delivery source in the above restaurant, and was thought to escape immediately after receiving the advance payment from the injured party.

As above, the Defendant, by deceiving the victim, received cash of KRW 200,000 from the victim to the national bank account (J) in the name of the Defendant on the same day from the victim, and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, K, L, M, H, N, andO;

1. The investigation report (the confirmation by K phone of the victim with respect to the remittance of the amount of fraud by fraud in advance) 1.