Text
Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.
(2) the date of this judgment.
Reasons
Punishment of the crime
Defendant
A is a person who works for the “F musical shop” located in Ulsan-gu E located in Ulsan-gu operated by the victim D from January 2010 to February 2014, and was in charge of the management of sales, such as the settlement of the drinking value, and Defendant B is a fluent of the said main shop, and Defendant B is a flusium of the said main shop, which was in a close-friendly manner with Party A.
1. Defendant A’s occupational breach of trust [A’s card related] knew that the above victim was negligent in management due to personal circumstances, such as frequently leaving the main points due to the Defendant’s trust, and neglecting the sales of the card, etc., Defendant A paid the price with a credit card after drinking alcohol at the main points and paying the price with a credit card, and then, Defendant A’s payment was cancelled by concealing the fact of revocation to prevent the victim from becoming aware of such payment.
Accordingly, Defendant 1, as an employee of the above main office, has a duty to manage the sales amount generated from the above main office in order to prevent damage to the victim by receiving the sales amount from the pertinent customer or collecting the sales amount, in violation of this duty, Defendant 2 terminated the payment of the card immediately after he/she renders drinking at the above main office on January 2, 2012 and makes settlement of Defendant 1,000,000 won with the Defendant’s non-paid card (G) around January 19:10, 2012, and exempted the payment of the liquor value by binding only the pre-approval card that prevents the victim from becoming aware of this.
In addition, from that time until February 24, 2014, the Defendant did not pay the drinking value equivalent to KRW 164,920,000 through 465 times in total, such as the previous list of crimes (1) in attached Form 465 times, from that time until February 24, 2014, thereby acquiring property benefits equivalent to that amount and causing damage equivalent to that amount to the victim.
2. The Defendant’s fraud, at the above main point, may drink a fake beverage by means of cancelling a credit card settlement after drinking alcohol.