업무상횡령
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
The defendant, from around 2002 to November 2009, was in charge of the general management of the sound records entry and exit of the C logistics warehouse in Pakistan as the vice head of the K-si Construction Co., Ltd.
On October 2009, the defendant, in the above logistics warehouse, provided the above records as security and received money from the victim Mnet Media Resolution Co., Ltd. in order to raise the living expenses, etc. while having been kept in business for the victim.
Around October 2009, the Defendant: (a) around October 7, 2009, at the above logistics warehouse, carried out a sound record of 22,730,60 won, including E short CDs; (b) around October 7, 2009 at the market price of 61,100,200, and around November 20, 2009, the Defendant arbitrarily offered sound records of 116,591,300 won at the market price of Skikik CDs, including Skikik CDs, and borrowed KRW 26,467, total sound records of 200,421,90,000 at the market price of 15,370,000, including Skikikik CDs, and then arbitrarily offered them as security, and borrowed KRW 1,100,000,000.
Accordingly, the Defendant embezzled the property amounting to KRW 200,421,90 in the market value owned by the victim in occupational custody.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and G;
1. A protocol concerning the suspect examination of the accused;
1. Copy of the protocol concerning the examination of suspect of H by the prosecution;
1. Copy of the statement made to I by the police;
1. A copy of the list of products taken out without permission, the normal inventory transfer of the returned products, and a copy of the list of products omitted from the list of products for public relations purposes, and a copy of the list of products for classification and treatment of normal products; and
1. Application of the Acts and subordinate statutes to the investigation report;
1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Selection of each sentence of imprisonment;
1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize the facts charged in this case as a substitute and reflects his mistake, the defendant has no record of criminal punishment other than being sentenced to a fine of KRW 300,000 as a crime of gambling in 206, and the amount embezzled by the defendant.