업무상횡령
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
Around January 2013, the Defendant purchased electronic equipment at a low price with the victim C, and then decided to conduct a business back to the market. A victim had to take charge of fund investment and office management, and the Defendant had to take charge of the business of selling electronic equipment, collecting money, etc.
On February 7, 2013, the Defendant: (a) purchased home appliances with the market price of 5,790,000,000 from Samsung Digital Cable Store located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Seoul, 448-16, and settled it by credit card in the name of the victim; (b) around that time, the Defendant consumed them as gambling funds while selling and selling the home appliances to another customer; and (c) from that time to June 1, 2013, spent approximately KRW 147,613,00,00 as gambling funds, including the amount transferred from the victim to June 1, 2013 as shown in the list of crimes in the attached Table, for the purchase of home appliances, and the amount acquired by selling them with the victim’s money or with the credit card, and used approximately KRW 1,47,613,00 in total as gambling funds.
Accordingly, the defendant embezzled the victim's property in his occupational custody.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C or D;
1. Investigation report (Submission of data by complainants and reference witnesses);
1. Investigation report (related to tax invoices and copies of bankbooks of E companies which are companies that have sold electronic equipment by a suspect);
1. An investigation report (in the name of a suspect, a detailed statement of transactions in the Suhyup Bank Account);
1. A criminal investigation report (to hear statements from a complainant and report);
1. Application of Acts and subordinate statutes, such as details of accounts transactions;
1. In light of the pertinent legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act, the grounds for sentencing of sentence [the scope of recommending punishment] [the grounds for sentencing of imprisonment] [10 million won or more [1-50 million won]]] and no basic area (1-3 years or less] [the decision of sentencing] [the decision of sentencing] where the defendant s/ [the defendant s/ [the decision of sentencing] puts money kept in custody in the course of his/her business, and the amount of damage exceeds KRW 150 million, damage is not recovered even if damage is not recovered.