업무상횡령
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal record] On July 12, 2018, the Defendant was sentenced to six months of imprisonment for fraud at the Jeju District Court, and the judgment became final and conclusive on September 7, 2018.
[Criminal facts] The Defendant has been engaged in the management of the victim company’s account and funds while substantially operating the victim company B Incorporated.
On September 29, 2014, the Defendant sold land, such as Jeju-si, the ownership of the victimized Company, and received money of KRW 302,280,000 from the Defendant’s account to the victimized Company’s account, and sold land, such as Jeju-si, the ownership of the victimized Company, around April 29, 2016, and used KRW 100,000,000 on the same day, and KRW 44,365,754 on May 18, 2016 for personal purposes by remitting KRW 4,00,000 to the Defendant’s his/her his/her his/her father’s his/her wife on September 30, 2014. < Amended by Act No. 12753, Sep. 30, 2014>
From around that time to November 2016, the Defendant embezzled the total amount of KRW 49,00,000,000 of the funds of the victimized company, which had been kept in business five times in total, as shown in the list of crimes in the attached Form, in mind, for personal use.
Summary of Evidence
1. The defendant's legal statement (as at the fifth public trial date);
1. Partial statement of witness E;
1. Statement of the police statement related to G;
1. An investigation report (Submission of reference H data - Submission of I land transaction contract), investigation report (to be conducted by reference E phone), investigation report (execution of a search and seizure warrant), investigation report (J union H as a result of execution of a warrant of search and seizure), investigation report (related to transfer of account to reference E), investigation report (related to transfer of account to reference E), investigation report (as a result of execution of a warrant of search and seizure), investigation
1. A certificate of all the registered matters and the account list of the agricultural company B bankruptcy bank;
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;
1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of criminal facts; the choice of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The sentencing criteria shall be based on;