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(영문) 서울서부지방법원 2014.03.06 2013고합417
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment for a term of two years and six months, defendant B and C, and defendant D, respectively, shall be punished by imprisonment for a term of two years and one year.

except that this shall not apply.

Reasons

Punishment of the crime

1. 피고인들의 지위 및 공모 관계 피고인들 및 I은 피해자 J, K이 운영한 힙합(Hip Hop) 클럽인 L 클럽 및 M 클럽의 종업원으로 근무하면서 위 클럽에 입장하는 손님들을 상대로 입장권을 판매하여 그 판매대금을 수금, 보관 및 입금하는 업무에 종사하였다.

I suggested that the Defendants should have the admission ticket sales deducted by forging and selling the above club admission tickets, and the Defendants conspired to forge or use the admission ticket and embezzlement by accepting the above request.

2. Joint crimes committed by Defendant A, B, and C;

A. Defendant A, B, C, and I had the mind to sell the above club admission tickets after reproducing the normal admission tickets of the above club in order to deduct the sales proceeds of the above club.

Accordingly, around January 19, 201, Defendant A and B produced 1,600 fake admission tickets by copying the normal admission tickets under the name of the above club, stating that “ENTRNC (Entry), ONE REDINK (PP 1 residues) and this Twit ticket may be exchanged with beverage 1 residues at the time of shipment to Bar,” which was requested to O located in the N in Guro-gu Seoul Metropolitan Government, and prepared in advance using a local reproduction machine. At that time, Defendant A, B, C, and I received 1,600 won per head of the above club as if they were genuinely formed against unspecified customers who are admitted to the above club, and sold them after receiving 10,000 or 15,000 won per head of the above club (MM).

In addition, from September 20, 2010 to January 7, 2013 (the defendant B from September 20, 2010 to January 25, 2012; the defendant C from January 19, 2011 to December 12, 201) as shown in attached Table 1 (the No. 1 to 25 of the defendant B, and the defendant C from January 19, 201 to December 201), as described in attached Table 1, 147,900 (the defendant B shall be 99,900 among them, and the defendant C shall be 86,100).

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