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(영문) 울산지방법원 2015.10.28 2015고단2306
업무상횡령등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. From June 3, 2015, the Defendant: (a) from around 18:00 to around 18:00 on June 3, 2015, he was employed as a part-time employee at the convenience store operated by the victim C in Busan Dong-gu, and was engaged in the sale of goods and the collection of money; (b) around 21:10 on the same day, the Defendant embezzled the sales price of goods and the market price of KRW 584,170 from the non-name customers; and (c) around that time, he embezzled the goods for personal use, such as fee and food expenses, in an amount equivalent to KRW 10,00,00 in total market price of KRW 14 and KRW 2,500 on the market price of the goods kept for the victim at around 21:10 on the same day.

2. At around 21:05 on the same day, the Defendant charged KRW 150,00 in total three times in total by means of the electronic data processing by inserting one of the above transportation cards displayed at the above convenience stores on the charging machine managed by the victim without the victim’s permission and properly paying and charging the amount to be filled.

Accordingly, the defendant acquired financial benefits equivalent to a total of 150,000 won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographs (each CCTV screen and the amount of money to be kept in custody);

1. Verification of identity of AFIS, written results of comparison, and fingerprinting incidents;

1. Application of Acts and subordinate statutes to investigation reports (verification of the details of charging and using transportation cards), the filling and photograph of transportation cards, the filling and use of transportation cards;

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement) and Article 347-2 of the Criminal Act (the point of fraud by use of computers, etc.)- the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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