업무상횡령
Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, 100,000 won shall be one day.
The Defendant served as the auditor of the Victim D Co., Ltd. operated by C, and was engaged in the management of company funds.
On February 8, 2010, the Defendant borrowed KRW 142.5 million in the name of the above company and kept it, and then deposited KRW 20 million out of the above loans to the Defendant on February 9, 2010, using the deposit passbook in the name of the victim D Co., Ltd. and the employee identification number of the said corporation, and used them for personal purposes. < Amended by Presidential Decree No. 22006, Feb. 16, 2010>
Accordingly, the Defendant arbitrarily consumedd cash 21 million won owned by the victim and embezzled.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of punishment.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The fact that the sentence of Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime committed during the period of repeated crime of the same kind for the reason of sentencing, the agreement with the victim is reached, the elderly, and other various sentencing conditions shown in the argument of this case