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(영문) 수원지방법원 2017.05.25 2015고단6199
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. From January 2014 to October 2014, the Defendant has been engaged in the delivery and business of D as a delivery and business employee of D operated by the victim C in Suwon-si, Suwon-si, Suwon-si, and has been engaged in the delivery and business of the said company.

On October 10, 2014, the Defendant provided 7,810,000 EM 5 cars at its own name as collateral to an unregistered bond company at its own discretion, and received KRW 3,00,000,00 from the Defendant, as one of the agricultural cooperatives engaged in Suwon-si, Suwon-si, Suwon-si, Seoul Special Metropolitan City, for business purposes.

Accordingly, the defendant embezzled the victim's property.

2. On October 16, 2014, the Defendant: (a) the Defendant was arrested at a police box located in the police box of Suwon-si, Suwon-si, with a fine of KRW 1,00,000,000, which was finalized due to the violation of the Labor Standards Act by the commission of the crime of violating the Labor Standards Act; (b) and (c) the Defendant, upon the arrest of the victim, would have paid KRW 1,00,000 to the victim by continuing to work at the above company and deducting the amount from the monthly wage.

A false statement was made.

However, in fact, since the defendant had a large amount of other debts and had already been paid by the above company, there was no intention or ability to complete the payment of the fine that has been continuously worked and paid by the above company.

The Defendant, around that time, transferred the above fine of KRW 1,00,000 from the injured party to the virtual account for the payment of the fine by his prosecutor’s office, thereby acquiring pecuniary benefits equivalent to the above amount.

3. On July 2014, the Defendant in breach of trust was unable to open a mobile phone because he was in bad credit standing at the office of the above company, and thus, requested the victim to open a mobile phone for business and let the victim open the mobile phone (G) in the name of the victim’s children, and received the notification from the victim.

As above, the defendant was delivered from the victim according to the purpose of use of the mobile phone agreed with the victim.

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