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(영문) 광주지방법원 2013.11.07 2013고단3185
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Judgment of the court below]

1. On May 5, 2013, the Defendant engaged in food delivery and collection business on May 5, 2013, when working as an employee at “E” restaurant operated by the victim D in Gwangju Dong-gu, Gwangju, as an employee.

On May 5, 2013, at around 12:30, the Defendant: (a) possessed a card size of 1,400,000 won in the nearby in Gwangju-si and used FObab to collect food charges of KRW 90,000,000 for the delivery of FOba; (b) used the above KRW 90,000 to the victim D without returning it to the victim; and (c) had the above card size of KRW 50,000,000 in the market price owned by the said victim and did not return it to the victim by arbitrarily getting out of the card size of KRW 1,40,00 in the market price.

Accordingly, the Defendant embezzled the total amount of KRW 1.99 million owned by the victim in the course of business.

2. On May 8, 2013, the Defendant engaged in food delivery and collection business on May 8, 2013, when working in the “I” house operated by the victim H in the Nam-gu Seoul metropolitan area as an employee.

On May 8, 2013, at around 22:00, the Defendant, while driving the Jantoba and selling food to a nearby in Gwangju City, he voluntarily consumed KRW 100,000,000,000, which was kept in custody for the purpose of the victim H, without returning it to the victim H, and did not return it to the victim by arbitrarily getting out of the market price of the above 1 million, which is equivalent to the above 1,000,000,000 won.

As a result, the Defendant embezzled the total amount of 1.1 million won owned by the victim who was on duty.

3. On May 13, 2013, the Defendant, on May 13, 2013, engaged in food delivery and collection business while working as an employee in the “M” restaurant operated by the victim L in Nam-gu, Nam-gu, Gwangju as an employee.

The defendant around 15:00 on May 13, 2013 is a neighboring place in Gwangju City.

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