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(영문) 서울남부지방법원 2014.09.04 2013고정2657
업무상횡령등
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Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From December 21, 2010 to June 30, 201, the Defendant is a victim’s E station in Seodaemun-gu Seoul, Seodaemun-gu, as a site manager from the E station for the operation of the victim D, and was an employee from the G station for the operation of the victim in Eunpyeong-gu Seoul, as an employee.

1. Occupational embezzlement;

A. A. On December 21, 2010, the Defendant collected KRW 3,003,416 from H, a customer, at the above E station, and embezzled for the victim’s business by consuming KRW 3,003,416. Around that time, the Defendant used and embezzled for personal purposes in his/her place of residence in Seoul, along with his/her mind, from around that time to June 30, 201, the Defendant used the aforementioned E station and G station for 20 times a sum of KRW 16,882,405 in the aforesaid method and used it in mind at the place of residence in Seoul, etc. while being kept for the victim.

B. On December 21, 2010, from around April 30, 201 to April 30, 201, the Defendant embezzled 37 copies of the bus card with piracy equivalent to KRW 30,000 used at the above E station for the victim, using the above 37 boxes of the market value around that time.

2. Fraud;

A. On December 15, 2010, the Defendant made a false statement to the victim D, stating that “I will pay KRW 500,000,00,00,000, which is to work as a principal source from the Ejuri station from the Ejuri station to the Ejuri station, and will receive the monthly payment from the Ejuri station to pay the said money.”

However, even if the defendant borrowed money in the form of advance payment from the victim, he did not have an intention to repay the money to the victim.

As above, the Defendant deceptioned the victim and received KRW 500,00 from the victim, i.e., from the victim, and received KRW 650,000 from the victim in the same manner around January 26, 201, and received KRW 400,000 from the victim in the same manner around February 17, 201, and received KRW 20,000 from the victim in the same manner around March 4, 201.

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