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(영문) 서울중앙지방법원 2016.07.20 2016고단2057
업무상횡령등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around 16:00 on March 25, 2016, the Defendant: (a) received KRW 100,000 per day from the “E restaurant for the operation of the victim D in Jongno-gu Seoul Metropolitan Government; and (b) was engaged in the delivery and collection of skins as delivery employees.

The Defendant, between 16:00 and 19:00 on the same day, was in the course of business and embezzled 30,000 won in advance from the victim under the pretext of delivery and collection of f apartment house of the above flin house to the Flin house, etc., and from the victim, 237,000 won and 30,000 won in advance under the pretext of money. At that time, the Defendant embezzled arbitrarily consumed the Defendant’s living expenses, etc.

The Defendant was sentenced to imprisonment with prison labor for special larceny at the Seoul Western District Court on June 20, 2012, and completed the execution of the sentence at the Seoul Western District Court on March 12, 2013.

[2] From January 14, 2016, the Defendant: (a) around January 14, 2016, received 2.2 million won from an urban village delivery company, “I” operated by the victim H in Jongno-gu Seoul Metropolitan Government, to receive 2.2 million won for a month; and (b) was engaged in urban village delivery and collection affairs while working as an employee.

1. Fraud;

A. On February 1, 2016, the Defendant made a false statement to the Defendant that “as the police officers affiliated with the Seongbuk-gu Seoul Seongbuk Police Station arrested as fines for the violation of the Act on the Establishment of Local Reserve Forces, the Defendant would continue to pay fines on behalf of the Defendant.”

However, the defendant did not have the intention or ability to pay a fine of KRW 3050,000 even if he received a substitute payment.

The defendant had the victim pay a fine of KRW 3050,00 to the Seongbuk-gu Seoul Seongbuk Police Station.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

B. On February 7, 2016, the Defendant stated that “Around February 7, 2016, the Defendant would pay 1.5 million won to the victim of a traffic accident due to a traffic accident that has occurred.”

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