업무상횡령
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
The Defendant is a person who was engaged in livestock products delivery business, business, and collection business, while working as the proxy of the victim (ju)C established for the purpose of livestock products distribution business, etc. from October 21, 2013 to June 30, 2017.
1. On July 31, 2014, the Defendant embezzled KRW 19,282,821, total sum of KRW 24 times as shown in the annexed Table (1) in the same manner, from that time until March 25, 2015, while working for the victim company by collecting the amount of KRW 2,509,576 for the supply of livestock products supplied by D, which is a business partner, from the victim company.
2. On February 14, 2017, the Defendant embezzled KRW 29,596,868 total sum of KRW 13 times as shown in the annexed Form No. 1 in the following manner between around that time, from around that time, he/she consumed and embezzled it for personal purposes, and up to June 2017, he/she embezzled KRW 29,596,868 in total for 13 times as shown in the annexed Form No. 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the law of the police statement protocol to F;
1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the recommended punishment under the sentencing guidelines] - Type 1 (less than 100 million won) in the mitigation area (from April 1 to April 4) (the sentencing decision] / although the defendant is outside his previous offense, it is inevitable to pronounce a sentence since the amount of embezzlement is large and the amount of embezzlement has not been repaid at all.
The punishment was determined in consideration of various sentencing conditions shown in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime.