업무상횡령
A defendant shall be punished by imprisonment for not less than eight 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
From May 16, 2005 to April 30, 2013, the Defendant is an accounting employee employed by the victim C in the Nam-gu Incheon Metropolitan City B building management office, and has been engaged in the duties, such as the lease contract of a building, the deposit, etc. for the victim.
On May 5, 2011, the Defendant: (a) concluded a lease agreement to rent an office to Diplomatic Association; (b) reported to the victim as a low deposit; (c) prepared a lease agreement by unfixing the amount of deposit; and (d) received KRW 1.3 million from the Diplomatic Association as a part of the down payment from the said Diplomatic Association, and used it for the personal stock investment purpose in Incheon City, in mind, while keeping it for the victim.
In addition, from around that time to April 18, 2013, the Defendant spent the total of KRW 128,139,020 in mind using the same method as the list of crimes in attached Form 128,139,020 in the city of Incheon, as shown in the list of crimes in attached Form 1.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. E’s statement among the police interrogation protocol of the accused;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on a lease contract, detailed statement of transactions, deposit sheet, and details of accounts in A's name;
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);
1. Although the nature of the crime in this case is not weak in light of the methods and methods of sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the circumstances favorable to the defendant among the reasons for sentencing), the sentence is rendered as ordered in consideration of the following factors: (a) the fact that one's mistake is recognized, (b) the fact that there is no criminal record, (c) the fact that there is no criminal record, and (d) the overall conditions of sentencing including the defendant'