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(영문) 대전지방법원 천안지원 2015.02.12 2014고단1275

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 18, 2012, the Defendant was sentenced to ten months of imprisonment for the crime of occupational embezzlement in the support of the Daejeon District Court, Daejeon District Court. On January 12, 2013, the Defendant completed the execution of the sentence in the Daejeon Prison.

【Criminal Facts】

"2014 Highest 1275" as the defendant left a place without a certain occupation or place of residence and needed living expenses, he was employed as the delivery source for nearby restaurants, etc., and was able to escape from the money delivered as the delivery source or the money received from customers.

Accordingly, the Defendant, at the “Ecafeteria” operated by the victim D, in the Seocho-gu Seoul Special Metropolitan City, Seocheon-gu, Yan-si, the Defendant: (a) provided that the said victim would have worked as the delivery source; (b) received 90,000 won in cash from the victim who consented to the said work as a cash necessary for the collection of money; and (c) embezzled it for the victim, including embezzlement using it without returning it to the victim; and (d) during the period from around that time to June 16, 2014, the Defendant embezzled it using approximately four times as indicated in the list of crimes in the attached list of crimes, such as the cash amount of KRW 705,00,000 owned by the victims, and the cash amount of Spanish money.

"2014 Highest 131"

1. On June 21, 2014, the Defendant: (a) was employed as the delivery source of “H restaurant” in the “H restaurant operated by the victim G located in the Gangnam-gu, Y-gu, Y-gu; and (b) was engaged in delivery and collection business; (c) on June 22, 2014, the Defendant used the total sum of KRW 209,500,000 for the personal use, including living expenses, and KRW 30,000,000, which was received at around 200:20,000 as the price necessary for the flood; and (d) embezzled it for the personal use, such as daily expenses around that time.

2. On July 12, 2014, the Defendant: (a) was employed as the delivery source of the “Kcafeteria” in the operation of the J of the victims’J located in Yong-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) was in custody of KRW 391,700 on the same day for the victim; and (c) around that time, the Defendant was in custody of the victim.