업무상횡령
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On November 8, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act in the Changwon District Court’s territorial branch on the violation of the Labor Standards Act, and the judgment was finalized on November 16, 2017.
The Defendant is the representative director of the victim D in Gyeong-gun, Kim Sung-gun from November 7, 201 to December 19, 2016, who was engaged in the overall operation and management of the said company.
The Defendant: (a) while keeping corporate funds from the corporate account for the said victim, transferred them to the personal account under the name of the Defendant (corporate bank E); and (b) on July 29, 2013, paid KRW 100,000 to the personnel expenses for construction work on pentol; (c) used the victim’s corporate card for construction expenses, personal loan payments, personal card payments, etc. from around April 20, 2013 to November 25, 2015; and (d) embezzled the victim’s corporate card from around August 5, 2013 to November 11, 2016, for personal purposes, such as pension construction expenses, personal goods purchases, etc. as shown in the attached Table 1 to 5.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Data on the current status of financial transactions with the IBK Bank, investigation reports (Attachment of details of details of transaction arrangements), details of details of transaction arrangements, internal investigation reports (Preparation by the Ministry of Labor, and attachment of details of suspected embezzlement transactions), details of suspected embezzlement transactions, internal investigation reports (Analysis of details of suspected embezzlement transactions), details of suspected embezzlement transactions in the Ministry of Labor, preparation of the Ministry of Labor, details of transactions with the IBK Bank, details of transactions with the company bank, details of transactions with the company bank, and copies thereof;
1. Previous convictions in judgment: Application of the provisions of Acts and subordinate statutes, such as a written reply to inquiries, such as criminal history, and a copy of the judgment (A), such as a copy of a written reply to inquiries, (2017 Goun-gu, 99
1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.