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(영문) 대전지방법원 2018.10.16 2018고정798
업무상횡령
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal record] The defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on June 2, 2009 and the judgment became final and conclusive on June 10, 2009.

[Criminal facts]

1. On December 22, 2007, the victim B, while serving as an employee at the “D cafeteria” operated by the victim B of Seo-gu Daejeon Daejeon, Seo-gu, Daejeon, the Defendant embezzled KRW 348,00 as a sum of 348,00,000 collected from customers around 23:40 on the same day on the part of the victim, while serving as an employee, he/she temporarily consumed and embezzled it for private purposes, such as living expenses, etc. at around that time.

2. On December 23, 2007, the victim E was engaged in the business of delivering food and collecting money from the “G restaurant” operated by the victim E located in Daejeon Jung-gu, Daejeon as an employee, and was engaged in the business of delivering food and collecting money. Around 23:00 on the same day, the victim E voluntarily consumed the amount of KRW 320,00,000 collected from customers for the victim and embezzled it for private purposes, such as living expenses, at around that time.

3. Around January 27, 2008, the victim H was engaged in the business of delivering food and collecting money from the “J” in the operation of the victim H located in Daejeon-gu Daejeon-gu, Daejeon-gu, as an employee. Around 28:00 of the same month, the victim H voluntarily consumed the amount of KRW 492,00,000, which is the sum of the money collected from customers for the victim for his/her business purposes. Around that time, the victim H embezzled by voluntarily consuming the amount of money for private purposes, such as living expenses, from Japan in Daejeon-gu.

4. Around April 10, 2008, the Defendant: (a) while working as an employee at the “M cafeteria” operated by the victim K located in Daejeon-gu Daejeon-gu L, Daejeon-gu; (b) was engaged in food delivery and collection business; (c) around 14:00 on the same day, the Defendant used KRW 214,50,000 as a sum of money collected from customers; and (d)0,000,000, which was granted from the victim under the pretext of money for the victim’s occupation; (d) around that time, the Defendant embezzledd the victim for voluntary consumption of daily expenses and other private purposes.

5. The Defendant N is Daejeon from April 30, 2008.

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