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(영문) 창원지방법원 2018.09.07 2018고단551

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 27, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for occupational embezzlement, etc. at the Changwon District Court Msan Branch branch on September 19, 2017 and completed the execution of the sentence at the Changyang detention center on September 19, 2017.

"2018 Highest 551"

1. A crime committed on January 18, 2018;

A. On January 18, 2018, the criminal defendant against the victim C was working for the delivery employee from the F China restaurant operated by the E located in Seongbuk-gu, Changwon-si, Sungwon-si as the delivery employee.

On January 18, 2018, the Defendant made a false statement to the effect that “The Defendant would return it after making a payment to a new bank, which was owned by the victim, while delivering Chinese food, at the Sungwon-si G 109 Dong 1901 Dong Dong 1901, the Defendant issued one copy of the card to the victim when the injured was delivering the food to China.”

However, the defendant did not pay food costs normally even after receiving the above card at the time, but was thought to be used for personal purposes and did not intend to return it.

Nevertheless, the defendant deceivings the victim as above and was issued one copy of the above new bank e.g., the victim.

B. The Defendant, as above, engaged in the business embezzlement and collection of food as a delivery employee of the F Chinese restaurant operated by the victim E.

On January 18, 2018, the Defendant returned to the above C at a place where it is difficult to know a place less than 20:00,000, and returned to the Defendant, the Defendant got back with one food payment of KRW 162,000, which is the victim’s possession, and one card settlement machine with which the market price cannot be known, and one HOOba, which is 50,000, which is received for delivery, was kept in custody for the said victim, and went back to the Defendant without having to return it to the victim around that time.

Accordingly, the Defendant embezzled the victim E’s property.

(c)

The violation of the law of financial business specializing in credit and fraud against victim I.