업무상횡령
A defendant shall be punished by imprisonment for not less than one year and six months.
Punishment of the crime
The defendant, from October 26, 2007, is the representative director of the victim D Co., Ltd., Ltd., which was located in Gangnam-gun, Gangwon-gu, Gangwon-do, and has overall control over the management of funds in the restaurant for employees of Egypt.
Around January 2010, the Defendant collected 588,000 won for food ticket sales from the victim's office and kept it for the victim's business. Around that time, the Defendant consumed the money for personal use, such as entertainment expenses, in the Eriet F in Gangwon-gu, Gangwon-gu.
In addition, from around that time to May 2012, the Defendant embezzled the total of KRW 268,551,500 by arbitrarily withdrawing from the passbook in the name of the victim and consuming it for personal use, such as entertainment expenses, as indicated in the attached list of crimes, from around that time to around 49 times.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement concerning G;
1. A statement of accounts transactions with DFF and a statement of accounts transactions with DFF;
1. Application of Acts and subordinate statutes on consignment of operating an employee restaurant;
1. Relevant provisions of the Criminal Act and reasons for sentencing under Articles 356 and 355 (1) of the Criminal Act for the choice of criminal facts;
1. Application of the sentencing criteria [Determination of type] Embezzlement 10 million won or 500 million won (a person specially punished] (decision on the recommended field] basic area (a decision on the recommended area] / 1 year to 3 years [whether suspended sentence is suspended]
(a) Reasons for major reference: Unagreement;
(b) Reasons for general participation: Cumulative crimes, clear social relationship with him/her, serious reflector, or there is no criminal record of suspension of execution or more (esteem).
2. Determination of sentence: A person who has been sentenced to imprisonment for a year and June shall be sentenced to severe punishment corresponding to the nature of the crime against the defendant, in light of the fact that the defendant has embezzled the amount of money over two years and four months while taking overall charge of the management of funds as the representative director of the victim, and that the defendant has used most of the money embezzled for personal purposes.