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(영문) 인천지방법원 부천지원 2013.04.11 2012고단2237
업무상횡령
Text

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

Reasons

Punishment of the crime

[2012 Highest 2237] The Defendant, from around 22:00 on December 4, 2012 to around 05:00 on the following day, was employed as a delivery source to the “L” restaurant operated by the victim K located in Seocheon-gu J building in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and was in custody of a sublease of 276,000 won, such as the delivery food value of the victim’s possession during the above period, and the market value of 10,000 won, which was delivered to the victim during the above period, and embezzled by consuming the escape for daily expenses around that period without returning to the victim.

[2013 Highest 466]

1. From February 19, 2013 to 21:20 on the same day, the Defendant employed the victim N’s “O” restaurant operated in Bupyeong-si, Seocheon-gu, Seocheon-si, as the delivery source, and embezzled 19,000 won, including the delivery food value on the part of the victim who was delivered during the above period, for his/her business purposes, without returning it to the victim, and by consuming the escape for daily expenses around that time.

2. On February 28, 2013, from around 18:00 to 23:30 of the same day, the Defendant employed the victim Q as the delivery source to the “R” restaurant operated by Seocheon-si P, Seocheon-si, Busan, and then embezzled 230,500 won, including the delivery food value on the part of the victim who was delivered during the above period, without returning it to the victim and by consuming the escape for daily expenses at that time.

[2013Kadan506] The Defendant, from January 19, 2013 to 20:30 on the same day, was employed as a delivery source to the “U” restaurant operated by the victim T-Si, Seocheon-gu, Seocheon-gu, Seocheon-si, and then embezzled the Defendant’s delivery food value of KRW 450,000 on the part of the victim who was delivered during the above period, without returning it to the victim and by consuming it as the advance payment of the announced won around that time.

[2013 Highest 529] On October 27, 2012, the Defendant worked as a “X restaurant” delivery source for the victim’s W (hereinafter “X restaurant”), which was operated by Seocheon-si, Seocheon-si, Seocheon-si, and 30,000 won, which was received from the victim as a kind of money, and 238,500 won, which was received from the customer, during his/her business keeping.

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