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(영문) 수원지방법원 여주지원 2013.08.30 2013고단163
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 8, 2009, the Defendant was sentenced to a suspended sentence of two years in the Seoul Eastern District Court on the following grounds: (a) on January 14, 2010, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Seoul Western District Court on January 22, 2010; and (b) on January 22, 2010, the Defendant was released on May 20, 2010 and the remaining term of imprisonment was expired on June 29, 2010.

The Defendant, “2013 Highest 163, 2013,” was employed by a marina company, etc. which did not properly identify the identity and was thiefed to raise a living expense.

1. On September 28, 2012, at around 00:45, the Defendant: (a) committed a theft with cash of KRW 1,660,000 in a credit cooperative, which was not corrected under the calculation of the place where the said victim was located in the “E” in the “E” for the victim’s D operation on the third floor of Yeongdeungpo-gu Seoul Metropolitan Government C Prize; and (b) stolen it.

2. At around 02:00 on December 16, 2012, the Defendant: (a) destroyed the victim’s G management “H” on the second floor of the building F in Seongbuk-gu, Sungnam-gu; (b) destroyed the said victim’s property locks, which were located in the escape room using any other employee’s cresh; and (c) destroyed the said victim’s cash 3,000,000 won, which was located in the said facility; and (d) stolen the said money owned by the said victim.

3. On December 28, 2012, the Defendant: (a) worked in the “J” located in Ischeon-si I as his/her employee; (b) was engaged in the duties of customer response and receipt of fees, etc.; (c) was employed by the victim K, a customer, by using Samsung Y3 mobile phones equivalent to KRW 900,000 at the above K-owned market price; (d) KRW 300,000 in cash owned by the said victims, and KRW 20,000 in cash owned by the said victims and the said M-owned cash owned by the said victims; and (e) around that time, the aforementioned mobile phone was arbitrarily kept in custody for the said victims; and (e) sold KRW 220,000 in cash to the account holder of his/her name and embezzled cash using the Defendant’s living expenses, etc.

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