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(영문) 서울중앙지방법원 2018.12.13 2018고정1352
업무상횡령등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] On June 3, 2009, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court, and the above judgment became final and conclusive on August 14, 2009.

[Criminal facts]

1. The Defendant, from November 1, 2008 to January 20, 2009, was engaged in the business management for the said victims C at the main point of “D” operated by the victim C in Gangnam-gu Seoul, Seoul, while serving as the agent of the victim C, and was engaged in the business management for the said victims C.

At around November 29, 2008, the Defendant received KRW 500,000 from the above victim C to the Agricultural Bank Account (F) in the name of the Defendant’s mother E by means of Internet banking, which would pay goods as price, and around December 9, 2008, KRW 10,000,000 from the above victim C to G, the former owner of the said “D”, who received KRW 10,000,000 from the above victim C, was transferred to the said Agricultural Bank Account.

As above, the Defendant used KRW 15 million owned by the above victim C for private purposes, such as living expenses and entertainment expenses, in the course of performing duties.

Accordingly, the defendant embezzled the victim C's property during his/her business custody.

2. Fraud;

A. On November 3, 2008, the Defendant acquired a new card by fraud, at the main point of “D” located in Gangnam-gu Seoul, Seoul around November 3, 2008, the victim C used a new card (H) in the victim’s name for a total of four times, including, but not limited to, cash services 200,000 won, by using the card (H) in the victim’s name, “a large amount of life, and upon the completion of the day.”

However, at the time, the defendant did not have the ability to pay the amount of the credit card because of no property or income.

As a result, the defendant had the above victim pay the amount of the above card on behalf of the victim, thereby acquiring property benefits equivalent to the above amount.

B. The Defendant is in Gangnam-gu Seoul around November 25, 2008.

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