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(영문) 서울중앙지방법원 2015.06.05 2015고단802
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 1, 2014, the Defendant: (a) hired the victim D’s “Ecafeteria” operated by Gangnam-gu Seoul Metropolitan Government as an employee for delivery; (b) embezzled KRW 169,00,00 in total, including KRW 129,00 in food and KRW 40,00 in the name of the customer, and KRW 169,00 in the name of the victim to be used for the Scam money on the same day; and (c) used the said money for personal living expenses and entertainment expenses around that time, without returning the said money to the victim during his/her business custody from December 20, 2013 to January 19, 2015.

The Defendant did not own Oralba, and even if he received money from the Victim F for the purpose of the purchase price, repair cost, etc. of Oralba, the Defendant did not have any intention or ability to transfer it to the victim or to accept Oralba.

Nevertheless, around May 7, 2014, the Defendant stated that “the amount of fine to be paid is required. The Defendant, at the H Jong-gu Seoul Jung-gu and 606, sentenced the victim to KRW 1.1 million in advance of the purchase of Otoba, changed the amount of 1.1 million in advance.” The Defendant received KRW 1.1 million in cash from the victim, i.e., e., the victim.

In addition, around May 15, 2014, the Defendant: (a) stated that “the Defendant shall accept the Lao, but the repair cost is required” to the victim; (b) received money from the victim via the Defendant’s Suhyup account on the same day; and (c) KRW 300,000 from May 23, 2014, respectively.

Therefore, the defendant deceivings the victim as above, and he obtained a sum of KRW 1.5 million from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of F, D, I, J, K, L, M, N,O, P, and D;

1. Application of the Act on Report of Investigation 1.

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