(영문) 울산지방법원 2016.12.13.선고 2016고단3457 판결

The Defendant, from November 27, 2015, has been engaged in the business of selling and collecting products of the said company as business employees of the victim C, a business entity supplying tools located in Ulsan-gu B, Ulsan-gu.

1. Occupational embezzlement;

On February 24, 2016, the Defendant supplied the Victim Company’s Office with 13m Electric D, 25 cleaning machine, 2706,600 won to D, which is a customer, and transferred to the Defendant’s wife E’s foreign exchange bank account, and used the Defendant’s personal use, such as living expenses, at around that time, for the victim’s personal use.

In addition, from around that time to June 1, 2016, the Defendant consumed the total of KRW 19,585,000 in the same way eight times from the Ulsan Urban Slocks as indicated in the attached Table 1.

Accordingly, the defendant embezzled the victim's property.

2. Change of prior records; and

On April 14, 2016, the Defendant had access to the electronic accounting system of the said company using a computer to embezzled money as above at the above C office, and then had entered the “F purchase case” as if the recipient company or the representative was sold even though they had to enter the received company or the representative in the column of written estimate, and “Foreign Exchange G, which is the Defendant’s wife,” in the column of settlement terms, even though the above C’s deposit account should be entered.

Accordingly, the defendant changed the written estimate, which is an electronic record in the name of C Co., Ltd. related to rights and duties, for the purpose of handling business affairs.

In addition, from that time until May 19, 2016, the Defendant changed the electronic records in the name of C Co., Ltd. three times in total in the same manner as shown in the attached Table 2.

3. An electronic records event for a changed author;

The Defendant sent the written estimate to H’s employees who knew of the fact of alteration at the date, time, and place under Paragraph 2, as if it were duly formed.

In addition, from that time until May 19, 2016, the Defendant sent electronic records which were changed three times in the same manner as shown in attached Table 2 to the customer in the same manner as shown in attached Table 2.

"2016 Highest 3781

Around August 8, 2016, the Defendant posted a letter to "after having access to the Internet portal site Libera, 2016 J Contacts 2 in J Contacts 2016, the Defendant sent a false letter to the victim K, who reported and contacted the above letter, “I will send the money first if you transfer the money.”

However, the defendant did not possess the above contact diskettes and did not have any intention or ability to sell them to the victim.

피고인은 이와 같이 피해자를 기망하여 이에 속은 피해자로부터 2016. 8. 9. 09:36경 피고인의 처 E 명의의 하나은행 예금계좌로 320,000원을 송금받은 것을 비롯하여, 그 떄부터 2016. 8. 18. 20:03 경까지 별지 범죄일람표 기재와 같이 총 5회에 걸쳐 합계 1,056,004원을 송금받았다.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Each criminal complaint and a petition;

1. Details of account transactions, text messages, photographs, invoices, etc., and estimates;

1. Each report on investigation;

Application of Statutes

1. Article applicable to criminal facts;

Articles 356 and 355(1) of the Criminal Act, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 (Reasons for Sentencing) of the Criminal Act

- 1 Crimes (Embezzlement and Breach of Trust)

【Scope of Recommendation】

Type 1 (less than KRW 100,000) Basic Area (from April to April 1)

[Special Convicts] Second Crime (Fraud) that does not exist

[Extent of Recommendation] General Frauds No. 1 (less than KRW 100 million)

[Special Mitigation] In a case where punishment is not imposed or considerable damage is recovered [the scope of the final sentence due to the aggravation of multiple offenses] April to October 1

【Determination of Sentence】

Defendant, while working as a business employee of the victim company, embezzled the price of supply, operated the internal computer accounting system in the process, and by raising false comments on the Internet, thereby committing this case’s crime is inferior. In the case of occupational embezzlement, damage has not yet been recovered, but most of the victims of fraud have been recovered. In light of the above circumstances and the Defendant’s age, character and conduct, environment, etc., the Defendant does not legally detain the Defendant, taking into account the fact that the Defendant’s support for three children.