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(영문) 울산지방법원 2019.10.23 2019고단371

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On July 17, 2014, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Ulsan District Court for a period of eight months. On May 11, 2016, the suspended sentence was revoked and released on August 14, 2017, and the execution of the sentence was terminated on September 30, 2017.

[2019 Highest 371] Around December 15, 2018, the Defendant reported at the place of convenience D operated by the victim C in Ulsan-gu, Ulsan-gu, Seoul-gu, to seek an employee, and had an interview with the two victims to work as an employee, and decided to work immediately thereafter.

On December 16, 2018, at the above D convenience store around 05:00, the Defendant returned home and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her shed

[2019 Highest 1929]

1. Around October 31, 2018, the defrauded posted a notice to the effect that “the sale of cultural gift certificates is carried out” on the Internet E-site, and concluded that if the victim F who reported and contacted, he/she would send KRW 240,000 to the victim F who deposited KRW 240,000.

However, there was no intention or ability to send cultural products to victims even if they receive money from victims because they do not have cultural products rights.

Accordingly, the Defendant, by deceiving the victim, received 50,000 won from the victim to the account of community credit cooperatives in the name of the Defendant on the same day, and received from that time a total of 365,000 won from that time until January 10, 2019, as shown in attached Table 1.

2. From February 21, 2019 to February 22:00, the Defendant has been engaged in convenience store duties while working in the convenience store from the I convenience store operated by the victim H in Ulsan-gu G as a paper.

The defendant works at the above convenience store around February 22, 2019 as an employee, around 03:17.