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(영문) 서울북부지방법원 2019.09.19 2019고단1793

업무상횡령등

Text

Defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Criminal facts

On June 9, 2016, the Defendant was sentenced to one year to be sentenced to imprisonment for fraud, etc. in the Jung-gu District Court Goyang Branch, and completed the execution of the sentence on July 7, 2017, and on September 8, 2016, the Defendant was sentenced to two years of suspension of the execution of imprisonment for larceny, etc. in the Jung-gu District Court Goyang Branch, which was sentenced to two years of suspension of the execution of the sentence on September 8, 2016. On June 26, 2018, the Defendant was sentenced to one year of imprisonment for larceny, etc. at the Jung-gu District Court, which became final and conclusive on August 14, 2018, and the sentence of the said suspension of the execution of the sentence was terminated on January 26, 2019.

[2019 Highest 1793] The Defendant, from April 18, 2019, has been engaged in the business of selling goods and keeping sales proceeds as night employees at the “D” convenience store operated by the victim C in Jung-gu Seoul Metropolitan Government.

On April 19, 2019, the Defendant arbitrarily carried out cash and goods worth KRW 2,279,000 in total and KRW 500,000 in 21,5,000 in the cultural product right of KRW 21,5,000 in the account book and KRW 19 in the display stand, while working as night employees at the above convenience store, and having been in custody for the victim of the goods sold and displayed there. The Defendant arbitrarily carried out cash and goods worth KRW 2,279,00 in total and KRW 50,00 in the account book.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

[2019 Highest 2436] On April 2, 2019, the Defendant applied a dialogue to the effect that “F” games are sold” in the holding hall by linking “E” with a ID at a closed place in Seoul (hereinafter referred to as “E”) around April 2, 2019. If the Defendant wired KRW 189,500 to the victim G who reported and contacted, he would immediately pay KRW 5 billion for the game money.

“.........”

However, the fact that the defendant received cash from the victim and thought to be used to purchase another game item, and H is 5 billion won for the victim.