횡령
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
Around January 2018, the Defendant agreed to vest the profits accrued from the business operations of B in the damaged company on or after the 25th of the same month when entering into a business transfer contract with the victim C on or around the 20th of the same month. However, on March 16, 2018, the Defendant embezzled the said money by consuming the insurance money of KRW 9,419,000, which was paid to the F Bank Account in the name of the Defendant, from March 19, 2018 to March 20, 2018 on the ground that the damaged company did not obtain the repair business license until then, on or around January 31, 2018, for the reason that the damaged company did not obtain the repair business license until then.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement related H;
1. Application of Acts and subordinate statutes on the specifications of automobile inspection and maintenance, estimates of parts, details of transactions in the F bank account, and business transfer contract;
1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although the error of the defendant in sentencing under Article 334(1) of the Criminal Procedure Act does not change the reason for sentencing of the provisional payment order, the defendant is against the defendant, and there are no other criminal records other than the two times prior to the victim, and the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, economic circumstances, etc. shall be considered and determined as the order of sentencing under Article 51 of the Criminal Act.