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(영문) 부산지방법원 2018.10.16 2018고단798
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be liable for damages of KRW 430,000,000 to the applicant AE.

Reasons

Punishment of the crime

[2018 Highest 798] The defendant is a person in charge of customer response, fund management, etc. while working as an employee at a AJ hotel operated by the victim AI in Busan Shipping Daegu.

1. The Defendant: (a) around 18:00 on December 10, 2016, in front of a credit cooperative located in a studs office located on the first floor of the said hotel; (b) opened a cresh without any other person; and (c) removed one million won in cash of the victim within the cresh that is corrected by the keys kept therein;

In other words, they stolen them.

In addition, from that time until February 20, 2017, the Defendant stolen the total amount of KRW 2.87 million of cash of the victim three times in total, such as the victim list 1 (section 13) in attached Form 1 (section 13).

2. On October 14, 2016, the Defendant: (a) received money from AK, a pre-contracted customer, to transfer money for accommodation expenses from AK to the post office account he/she uses; and (b) used the money for personal purposes for the victim’s business and embezzled at his/her own discretion thereafter.

In addition, from that time until January 14, 2017, the Defendant embezzled the total amount of KRW 3.578,000,00 for personal purposes, as shown in Annex 2 (No. 14 to 16 pages) of the daily list of crimes in the attached Table 2 (No. 14 to 16).

3. On August 26, 2016, the Defendant, including computers, purchased a cultural gift certificate of an amount equivalent to KRW 50,000 by accessing the “AL” site to a telephone carrier for business use at the above hotel, and paid the said price to a small amount of settlement without authority, thereby releasing the Defendant from paying the said payment.

In addition, the Defendant purchased cultural merchandise coupons, etc. from around October 10, 2016 to around October 10, 2016 by using a telephone for business purposes or a personal portable phone for victims in total 19 times, such as attached Table 3 (section 17).

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