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(영문) 서울남부지방법원 2019.10.16 2019고정1028

업무상횡령등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant engaged in occupational embezzlement from February 2018 to May 9, 2018 in the victim “B” located in Vietnam, as travel guard, and engaged in the management and disbursement of travel expenses. A.

On March 12, 2018, the Defendant received USD 1,702 from the victim’s office to the 16th day of the same month from the victim’s office and embezzled the victim’s property by arbitrarily consuming USD 223 (Korean Won KRW 237,718) around that time.

B. Around March 19, 2018, the Defendant received USD 1,197 from the victim’s office to the 24th day of the same month from the victim’s office and embezzled the victim’s property by arbitrarily consuming USD 166 (Korean Won KRW 178,035) around that time.

2. Fraud;

A. On March 13, 2018, the Defendant made a false statement to the effect that “B” victim D, the representative of “B,” through “B,” who is an employee of “B”, “B, would have to pay money by lending the house rent.”

However, in fact, the defendant did not think of using the money borrowed from the victim as the cost of collecting the money, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

The Defendant, as seen above, by deceiving the victim, received US$ 500 (Korean US$ 533,250) from the victim, i.e., the above C through the loan.

B. On May 9, 2018, the Defendant made a false statement to the effect that “B, the representative of “B” in the office of “B” located in Vietnam, shall enter Korea in question. If B lends USD 750 to Korea in terms of expenses for the visa of Vietnam, the Defendant would complete full payment by June 30, 2018, including the money that he/she borrowed from B while carrying out the D business.”

(b).