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Reasons
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(영문) 서울중앙지방법원 2013.11.21 2013고단3667
업무상횡령
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A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2013, the Defendant was sentenced to one year of imprisonment for occupational embezzlement and two years of suspended execution at the Seoul Central District Court, and the above judgment became final and conclusive around that time.

1. The Defendant, from January 7, 2013 to 09:30 on January 7, 2013, employed the victim D in Gangnam-gu, Seoul, as a food delivery source in the E-China restaurant operated by the victim D, and was engaged in delivery and collection affairs.

At around 13:10 on the same day, the Defendant embezzled the sum of KRW 174,500, including the amount of KRW 134,500 and the amount of money reserves of KRW 40,000 on the same day and the amount of KRW 174,50 on the part of the victim.

2. From January 23, 2013, the Defendant, from around 09:00 on January 23, 2013, employed the victim G in Seongdong-gu Seoul, as food delivery source, in the H restaurant operated by the victim G in Seongdong-gu Seoul, to engage in delivery and collection affairs.

At around 15:00 on the same day, the Defendant embezzled the sum of KRW 200,00,000, including KRW 170,000 and remaining money reserves of KRW 30,00,00 on the same day, while on duty for the victim.

3. On March 8, 2013, the Defendant, from around 19:30 on March 8, 2013, was employed in K stores operated by the victim J in Gangnam-gu Seoul, Seoul, as food delivery personnel and was engaged in delivery and collection affairs.

Defendant’s Month

9. At around 05:30, the Defendant embezzled the amount of KRW 212,500,000, the market value of which is the victim’s possession, and the amount of KRW 2,000,000,000 for the victim’s occupational storage.

4. From March 10, 2013, the Defendant, from around 12:00 on March 10, 2013, employed the victim N in Dongdaemun-gu Seoul Metropolitan Government as a food delivery source and was engaged in delivery and collection affairs.

At around 15:30 on the same day, the Defendant embezzled, as it is, Paltob, the sum of KRW 55,00,000, and Paltob, the market value of which is the victim’s ownership, on behalf of the victim, at KRW 1.8 million.

5. The Defendant from March 16, 2013 to around 16:30.

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