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(영문) 부산지방법원서부지원 2020.11.11 2020고단2163

업무상횡령등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On November 24, 2016, the Defendant was sentenced to a suspended sentence of six months for the crime of occupational embezzlement at the Busan District Court. On April 17, 2018, the suspended sentence was revoked on April 17, 2018, and the execution of the sentence was terminated at the Busan Detention Center.

【Criminal Facts】

1. From the end of January 2020, the Defendant has been working as the delivery employee at the “D” document store operated by the victim C in Busan Jin-gu, Busan and has been engaged in delivery and food payment collection.

On January 31, 2020, the Defendant collected food costs of KRW 266,500 from the above place and kept in custody for the victim. On January 31, 202, the Defendant presented to the victim a card receipt (including a card receipt equivalent to KRW 38,000 which was deposited by the card settlement, and then arbitrarily consumed KRW 38,000 out of the cash that the Defendant collected.

In addition, during the period from around July 3, 2020 to around July 3, 2020, the Defendant carried 315,000 won in total through the same method from the window to nine times as shown in the separate crime list.

Accordingly, the defendant embezzled the victim's property.

2. On July 2020, the Defendant stolen the victim E, who was an employee of the victim’s delivery, at the window dressing house as set forth in paragraph (1) of this Article, on the first day of July 2020, with a large amount of KRW 20,000,000 in the market value of the victim E.

3. Around June 3, 2020, the Defendant, at the window dressing house as referred to in paragraph (1) of this Article, was given the victim C with a single unit of KRG 125 cc c. c., from the victim C., with a single unit of KRG 125 c., from the victim’s market price. After the Defendant registered the above Orala under the Defendant’s name, the Defendant promised to transfer the above Orala ownership to the Defendant, if the Defendant paid the above Orala during the 420,000 won monthly period, instead of using the above Orala for commuting.

The charges of this part of the facts charged are to the extent that the defendant does not infringe on the defendant's right of defense on July 20, 2020 while keeping the above Obain for the victim.