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(영문) 서울서부지방법원 2018.05.30 2018고단498
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

(2) In light of the following facts: (a) while selling tobacco 1 gambling and receiving the payment in cash and being kept in custody for the victim, the Plaintiff entered the said tobacco at the end of the POS terminal as if it were returned and then brought about KRW 50,000 in cash, which was under custody, and consumed for personal purposes, such as household expenses, etc.; and (b) from December 2, 2016 to March 14, 2017, according to the entry of the attached Table 1 of the Crimes List of (hereinafter “Attachment 11, 2017”) in the facts charged, the Defendant appears to be a clerical error in the facts charged and recognized.

Until the end, the total amount of KRW 1,995,70 was consumed in the same way 65 times in total, such as attached list 1.

Accordingly, the defendant embezzled the victim's property.

B. On January 19, 2017, at the above convenience store around 08:46, the Defendant sold goods equivalent to KRW 1,000 to his/her nameless customers and received the payment in cash and kept in custody for the victim, the Defendant considered the Defendant’s transportation cards (10195********730) to charge KRW 1,00,00, an amount equivalent to the sales price, without registering the details of the above sales at the POS short terminal, as well as the Defendant’s transportation cards (10195*******730) from around that time to April 14, 2017, according to the entry in the attached list 2 of the crime List 2 of the charges, the “No. 4, 2017” as the “No. 4, 2017” as the “No. 14,” and recognized it.

Until the end, the sum of 956,230 won was charged with the Defendant’s transportation card by the same method over a total of 283 times, such as the attached list 2.

Accordingly, the defendant embezzled the victim's property.

2. On September 29, 2017, the fraud Defendant posted an electronic tobacco sales article on the Internet Ntp on the Internet Gab (htp://cafe.naver.com/Joint and Longgora), and said that “on deposit with money” was sent to the victim F who contacted with the Defendant.

However, even if the defendant receives the price of goods, he did not have the intention or ability to send electronic tobacco to the above victim.

The defendant shall belong to him on the same day under the name of the defendant.

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