업무상횡령
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person in charge of the duties of supplying food materials from July 2013 to November 2014 to the Customer Co., Ltd., Ltd., which is located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.
On July 2013, the Defendant voluntarily consumed KRW 72,607,600 as stated in the separate sheet of crime committed from July 2013 to November 2014, when receiving KRW 1,029,50 from the “D” company, which is the business partner, and had been kept for the victim, and had been voluntarily consumed during the period from July 2013 to November 2014.
Accordingly, the defendant, while keeping the property of the victim on duty, embezzled the property.
Summary of Evidence
1. Statement of the defendant in the protocol of public trial once;
1. The first police statement protocol against E;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the sentencing criteria [the scope of recommended punishment] types 1 (one month to ten months) are mitigated (the person subject to special mitigation] (the person subject to special mitigation or damage is recovered considerably);
2. The Defendant rendered a single-lane embezzlement by taking advantage of the fact that the damaged person’s management was boomed by taking advantage of the account books.
Around January 7, 2014, the Defendant continued to work for the sake of the victim even though the primary embezzlement was discovered on the victim, and subsequently, incurred additional damages by making the secondary embezzlement.
The total amount of damage was 72,607,600 won, and some of the embezzlement amount was used in the horse.
However, on February 6, 2018, the Defendant paid F and F of the victim representative director KRW 5,000,000, and agreed on the condition that the remainder after deducting the above KRW 5,000,000 from the sum of damages and the unpaid wage of KRW 20,00,000 for each month shall be paid in 30,000,000, and the victim want to be punished by the Defendant.