업무상횡령
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person serving as an employee in the “C Licensed Real Estate Agent Office” located in the first floor of the Seo-gu Daejeon building B, and the victim D and E are the owners of multi-household houses located in Daejeon Seo-gu F, Daejeon, and the Defendant was in charge of entering into a lease agreement with the authority to enter into a lease agreement with respect to multi-household houses owned by the victims.
On August 22, 2018, the Defendant: (a) concluded a lease agreement with the tenant H on the multi-household G with respect to multi-household housing (including KRW 100,000,000,000,000,000,000,0000,0000,000,0000,000,000,0000,000,000,000,000,000,000,000,0000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,
Summary of Evidence
1. Defendant's legal statement;
1. Witnesses D and E's respective legal statements;
1. The lease contract;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act selecting a penalty;
1. Article 62 (1) of the Criminal Act;
1. Reasons for the sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] Embezzlement and Breach of Trust: [Type 1] below KRW 100 million - In a case where punishment is not granted or significant damage has been recovered (the scope of recommendation and recommendation), the area of mitigation [the scope of recommendation and recommendation], the area of imprisonment with labor for one month to ten months [the general person] - In a case of embezzlement of crime (the grounds for suspension of execution of sentence] - Major pride: the grounds for suspension of sentence