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(영문) 서울서부지방법원 2019.08.14 2018고단2156
업무상횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From August 3, 2017, the Defendant was an employee in charge of sales and collection of sports clothes, etc. in the instant store E (a specialized store for sales of sports clothes, etc.) operated by the victim C in Seodaemun-gu Seoul, Seodaemun-gu, Seoul from August 3, 2017, with an intention to attract customers to purchase the goods, etc. by presenting his/her intention to attract them to purchase the goods, etc. using his/her speculative store for his/her business purpose while keeping the clothing, etc. of the said store for the victim.

On September 30, 2017, the Defendant: (a) around September 30, 2017, at the said D new store E store; (b) during the course of having the clothing, etc. of the said store as an employee on business for the victim, the Defendant visited F to the customer, saying, “If the normal price is settled in cash in an amount equivalent to KRW 269,000,000; (c) received KRW 100,000 from F to the H bank account in the name of G H bank used by the Defendant; and (d) sold the said downloader during the period from around that time to January 13, 2018, the Defendant disposed of the sports clothes, etc. in total of KRW 15,64,00 for 55 times in total, as indicated in attached Table 1.

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

"2019 Highest 1652"

1. No person who violates the Electronic Financial Transactions Act may borrow or lend a means of access in receiving, demanding or promising any compensation;

On July 2018, the Defendant, at the front corridor of the second floor of the Seocho-gu Seoul Metropolitan Government I building, agreed to lend a physical card on condition that he will receive three million won per day, and included a physical card connected to the K Bank account (L) under the name of the Defendant in a box, and notified Kwikseter through Kwikseter and M of password.

As a result, the Defendant promised to pay for the e-mail, and the e-mail card and password, a means of access for electronic financial transactions.

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