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(영문) 서울남부지방법원 2019.03.15 2018고단4525
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2018 Highest 4525] The Defendant, located in Yeongdeungpo-gu Seoul Metropolitan Government, has been engaged in the business of counseling for customers who wish to travel overseas and guiding them to deposit their deposits, balance, etc. into the company's virtual account.

The Defendant provided overseas travel counseling to the Internet and directly visiting customers, received a reservation and balance in cash, or received a transfer from the Defendant’s account in cash, and kept in custody for the victim. On 2015, the Defendant was willing to use the travel amount received from the customers first, in order to pay for gambling damages, etc. arising from a debt of KRW 80,000,000,000 borrowed from the travel agency in the Gu and the Gu. On 2015, the Defendant continued to use the travel amount received from the customers first, in a way that appropriated the travel amount received from the new customers by using the travel amount received from the former customers as the travel amount.

On March 28, 2018, the Defendant, at the above victim’s office, entered into a contract with 12,292,000 won for travel goods, such as E and Bladix, which are customers. On June 1, 2018, the Defendant arbitrarily embezzled KRW 1,712,00 of the travel goods, which were received from E and kept by E, to deposit them into the current account.

In addition, from February 19, 2018 to July 2, 2018, the Defendant used the total sum of KRW 133,256,742 by the aforementioned methods 26 times in total as indicated in the attached crime sight table, as the foregoing, in the manner of mind the Defendant used travel goods and living expenses to other customers insufficient due to previous embezzlement.

Accordingly, the defendant embezzled the victim's property.

[2018 Highest 6732]

1. The Defendant calls to the victim G at a place where it is unknown on June 2016, and calls to the victim G for money in relation to the operation of the travel company.

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