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 two years from the date of the final judgment.
Punishment of the crime
[Criminal Power] The Defendant was sentenced to a suspended sentence of two years for the crime of occupational embezzlement in the Incheon District Court on July 8, 2010, and was sentenced to a suspended sentence of two years for the same criminal records four times.
【Criminal Facts】
The defendant, from October 1, 2010, worked as a business member at the D Company of the victim C's operation in Bupyeong-gu, Seocheon-gu, Seoul, as a business member, while engaging in the business of supplying and collecting food materials of the above company.
around September 19, 2012, the Defendant collected KRW 457,000 for the supply of food materials from "F," which is a business partner in Ansan-si E, Ansan-si, and used them for personal purposes, such as living expenses, at will, around that time, at the daily members in Incheon City.
In addition, from around that time to November 1, 2012, the Defendant arbitrarily consumed the total of KRW 16,511,55 won by the same method over 21 times, as shown in the attached list of crimes, and embezzled it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order);
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant has the same criminal history four times, but it is clear that social ties, such as family relations, exist, and the defendant reflects the crime of this case and agreed with the victim, etc., the punishment as the order shall be determined by taking into account the various conditions of sentencing revealed in this case.