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(영문) 인천지방법원 2013.12.20 2013고단6497
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On September 2, 2010, the Defendant was sentenced to one year of imprisonment for the crime of occupational embezzlement in the vice branch of the Incheon District Court on September 2, 201, and completed the enforcement of the above sentence on July 14, 201.

[2013 Highest 6497]

1. On January 28, 2013, at around 09:00, the Defendant, as an employee of the “E” Chinese restaurant operated on the first floor of the Incheon Southern-gu Incheon Metropolitan City building C, engaged in delivery and collection affairs. On the same day, the Defendant embezzled KRW 446,00 for personal use, such as living expenses, while he/she was in the custody of the victim for his/her duties, while engaging in delivery and collection affairs at around 14:30 on the same day.

2. On February 2, 2013, around 09:00, the victim G operator’s “H restaurant” on the first floor of the Bupyeong-gu Incheon Bupyeong-gu F building was engaged in delivery and collection affairs. At around 14:00 on the same day, around 180, the victim’s share of KRW 1,40,000 and the price for the delivery and collection of food was embezzled by consuming it for personal use, such as living expenses, etc. at around that time.

3. On March 2, 2013, at around 14:00, the Defendant was engaged in delivery and collection as an employee of the “K” Chinese restaurant operated by the victim J on the first floor of the Incheon Nam-gu I building. At around 19:30 on the same day, the Defendant embezzled the Defendant’s money for the personal use, such as living expenses, etc., by consuming the amount of KRW 193,500, which was delivered and collected food using LOba, the market price of which is equivalent to KRW 600,000, the victim’s ownership, and the amount of money for the Defendant’s business of storing the above Oba on behalf of the victim.

[2013 Highest 6613]

4. On January 8, 2013, at around 21:00, the Defendant made a false statement to the “N” restaurant located in Nam-gu Incheon Metropolitan City M, stating that “The Defendant will start work as a delivery service provider from the day following the day following the day on which the Defendant begins, because there is no money to rescue the said restaurant operator.”

However, the defendant money from the victim.

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