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(영문) 의정부지방법원 고양지원 2017.03.22 2017고단377
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 23, 2014, the Defendant was sentenced to a three-year suspended sentence of imprisonment for rape at the Incheon District Court on the ground of the crime of injury resulting from rape, and on May 10, 2014, the said judgment became final and conclusive on May 10, 2014.

1. From March 17, 2014, the Defendant, as a business employee of the victim C, was engaged in the sales and collection of net containers of the said company from around March 17, 2014.

On August 10, 2015, the Defendant was in the custody of “E” office, which is the customer of the victimized company in Heung-gu Seoul Metropolitan Government, in order to collect seven million won as the sales proceeds of the actual container, and used it as entertainment expenses, etc. at a non-permanent place around that time.

From around that time to December 31, 2016, the Defendant received a total of 42,501,875 won from the customer of the victimized company and received the returned goods on a total of 13 occasions from the customer of the victimized company, and used them in the course of business for the victimized company, such as entertainment expenses, gambling expenses, living expenses, etc. (after disposing of the goods and making cash payments), around that time, the Defendant consumed them in the manner of mind, such as entertainment expenses, gambling expenses, and living expenses.

As a result, the Defendant embezzled the property owned by the victimized company that was kept in business.

2. On March 23, 2016, the Defendant is obliged to perform the pertinent operation with the victim H at the Seoul Seoul Office, Seoul, Co., Ltd., Ltd., which was located in the f8th floor in Gyeyang-gu Seoul, Seoyang-gu, Seoul.

The father prepared to pay the operating expenses, and paid the hospitalization expenses, which means that there is an apartment house with money borrowed in the name of the principal on the loan, and thus, he/she will receive additional loans and pay the money.

However, in fact, the Defendant was thought to use money as gambling funds from the damaged party, and the Defendant was unable to repay the loan amounting to KRW 20 million at the time, so there was no intention or ability to repay the loan even if he borrowed money from the damaged party.

On March 30, 2016, the Defendant, by deceiving the victim and deceiving the victim, was against the victim.

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