업무상횡령
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. From November 2013, the Defendant has been engaged in the overall management of the operation and fund management of the “D Company” located in the Seoul Jung-gu Seoul metropolitan area.
The Defendant received lease deposit and food purchase fund necessary for the operation of the D company from the victim E, and agreed to keep the remainder except the Defendant’s monthly wage in the bank account in the name of the business operator for the victim, while operating the D company, and agreed to withdraw cash from the bank account in the name of the business operator who does not make cash withdrawal to the bank account in the name of F used by the Defendant for the payment of food materials and use it as food materials. On December 6, 2013, the Defendant transferred KRW 2 million from the bank account in the name of the business operator to the F agricultural bank account in the name of the F. On December 6, 2013, the Defendant used KRW 438,000 on the same day while performing duties for the victim under the name of payment of food materials.
From around that time to February 1, 2015, the Defendant consumed the amount of KRW 104,069,00 for personal purposes, such as remitting the total amount of KRW 104,00,00 to the deposit account on the sports soil’s Internet gambling site, such as the list of crimes (1) and (2).
Accordingly, the defendant embezzled the victim's property.
2. As above, while engaging in the overall management of the operation and fund management of the D Company, the Defendant: (a) kept physical cards in the name of the D Company’s proprietor, which should be used in relation to the business on March 29, 2014, for the victim under paragraph (1); (b) paid 80,000 won at H’s singing shop on the same day; and (c) consumed 3,458,000 won in total on 13 occasions, such as the entry in the list of crimes (3) in the attached Table of crimes (i.e., the list of crimes) from November 29, 2014.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. The first and fourth police officers against the defendant's legal statement.