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(영문) 울산지방법원 2013.07.11 2013고단2340
업무상횡령등
Text

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

Reasons

Punishment of the crime

On August 30, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Ulsan District Court, and completed the execution of the sentence at the port prison on May 19, 2012.

1. From April 27, 2013, the Defendant: (a) was a delivery member of the “E” restaurant operated by the victim D in Ulsan-gu, Ulsan-gu; (b) was engaged in the delivery of the said restaurant and the collection of food costs; (c) around 19:00 on April 27, 2013, the Defendant embezzled the victim’s property by arbitrarily consuming the amount equivalent to approximately KRW 400,000 G 110 Epia and cash equivalent to KRW 250,000,000,000 which was deposited for the victim’s business, for the sake of the victim’s business, after completing delivery, and without returning to the said restaurant; and (d) he embezzled the victim’s property by arbitrarily consuming the food cost that was collected from the above restaurant.

2. At around 07:00 on June 6, 2013, the Defendant discovered that the victim J was locked in the body of male and female in Seo-gu, Seo-gu, Gwangju, by visiting the victim’s body of the “I” and then stolen the victim’s cash amounting to KRW 50,000,000,000, including one resident registration certificate, one driver’s license, one copy of the new bank cream card, and one copy of the NH NowC card.

3. On June 6, 2013, the Defendant attempted to pay accommodation expenses by entering the Lane located in Seo-gu, Seo-gu, Gwangju, in order to calculate accommodation expenses, as prescribed in paragraph (2), the Defendant took the same attitude as having completed the NAC card under the name of J, which was stolen as the card owned by the Defendant, and tried to pay the said NAC card to the her mother, the victim whose name cannot be known.

However, since the above card was stolen card, there was no legitimate authority to pay accommodation expenses to the defendant.

The Defendant is the victim.

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