업무상횡령
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
From March 11, 2013 to October 20, 2016, the Defendant was engaged in the accounting business of the victim D&C and managed the account of the damaged party's bank account.
On January 30, 2015, the Defendant, at the victim company office, requested the employees of the Korean bank to transfer the value-added tax refund account to the borrower who entered the company of the victim company, notified the Defendant’s financial account of 1,382,445 won in lieu of the account number of the borrower, and used the money to the account of 1,382,445 won in the name of Busan Metropolitan City.
In addition, from around that time to October 31, 2016, the Defendant embezzled 53,826,302 won in total over 30 times, such as the list of crimes in attached Form.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to F;
1. Current status of the payment of respective surtax;
1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts (Optional to imprisonment);
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Class 1 (100 million won or less) (1 month or October) area of mitigation (1 to 10 million won) [Specially mitigated Persons] Punishment Non- [Pronouncement of Punishment] Imprisonment with prison labor for six months and one year of suspended sentence (1 year of suspended sentence without criminal history, and one year of discharged amount of damage and agreed upon)