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(영문) 수원지방법원 여주지원 2020.01.14 2019고단1096
업무상횡령등
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A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 114,00 won to an applicant for compensation.

Reasons

Punishment of the crime

On June 4, 2019, the Defendant was sentenced to imprisonment with prison labor for 6 months and a fine of 3 million won for fraud, etc. in the Suwon District Court's Sungnam branch on June 4, 2019, and that judgment became final and conclusive on November 20, 2019.

1. The Defendant is a person who, from February 2018 to December 28, 2018, obtained the authority from the victim C Co., Ltd., the owner of the business, to vicariously sell the Down-si, Gwangju, and engaged in the sales business thereof.

Around August 7, 2018, the Defendant entered into a contract with F, a buyer, to sell the units of the above units of the Bank on behalf of the victim, and the Defendant entered into such contract with F, under the name of F, to sell the units of the Bank (H) at the G Bank account in the name of the Defendant on the same day as the sale price, KRW 10 million on the eightth day of the same month, KRW 20 million on the August of the same month, KRW 15 million on the November of the same month, KRW 25 million on the 17th day of the same month, and KRW 25 million on the 17th day of the same month, respectively.

9.5. Around May, 198, a total of KRW 100 million was remitted over five occasions, including KRW 30 million, and around that time, used money for personal purposes, such as gambling funds.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

2. Around April 30, 2019, the defrauded posted a notice on the Internet portal site I stating that “The 3.5,000 won was remitted to the post bank account (number K) in the name of the Defendant on the same day from the victim J who contacted the notice to the post bank account (number K) in the name of the Defendant on the same day, and then, from June 2, 2019 to June 2, 2019, the Defendant received KRW 842,500 won in total from the victims four times in total, as shown in the list of crimes in the attached Table, from the victims to June 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each written complaint of L, J, B, and M;

1. A detailed statement and text message of each bank transaction;

1. Unclaimed report on the disposition and the result of confirmation;

1. N's complaint details and bank transaction statement;

1.N.

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