beta
(영문) 제주지방법원 2018.07.11 2018고단729

업무상횡령등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On June 30, 2016, the Defendant was sentenced to imprisonment for one year and six months, a fine of 5,450,000 won for occupational embezzlement, etc. at the Jeju District Court on June 30, 201, and completed the enforcement of the sentence in the Jeju Prison on June 19, 2017.

[2] The Defendant, from March 18, 2018 to March 18, 2018, was a delivery employee of the victim D'E, operated by the victim D in Jeju City from March 18, 2018, who was engaged in food delivery and collection business of the above Chinese branch.

On March 18, 2018, the Defendant, at around 15:00 on March 18, 2018, did not return to the victim the money of KRW 469,500 in total and the money of KRW 4.69,500 in the market price of the food cost and the money of KRW 2,00,000 in total, which was in custody of the Defendant for the use of food delivery and collection from the above victims.

Accordingly, the defendant embezzled the property of the victim while on duty.

"2018 Highest 801"

1. Crimes against victims G;

A. On February 23, 2018, the defrauded: (a) visited China’s house located in H and I on the first floor of Jeju city operated by the Victim G on February 23, 2018; and (b) stated, “The Defendant would deliver KRW 1 million to the victim with a prepaid payment and work as a delivery agent for one-month.”

However, even if the Defendant received the advance payment, the Defendant did not intend to deliver it at the restaurant operated by the victim.

Nevertheless, the defendant deceivings the victim as above and acquired 1,00,000 won through the Agricultural Cooperative Account (K) in the name of the J as designated by the defendant on the same day.

B. From February 23, 2018, the Defendant is an employee of the Plaintiff’s delivery of “I” Chinese house from around February 23, 2018, who was engaged in the business of delivering food and collecting money from the said Chinese house.

At around 10:30 on February 23, 2018, the Defendant: (a) received a delivery from the person injured by the above paragraph (a) to use it for the delivery and collection of food; (b) the Jeju “L”; and (c) the food cost.