업무상횡령등
A defendant shall be punished by imprisonment for not more than ten months.
except that 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, from December 2, 2013 to May 22, 2019, had been working as a business employee at the victim Co., Ltd., Ltd., Ltd., Ltd., the Daegu Dong-gu, Daegu-gu, as a business employee, while engaging in the sales and collection of furnitures.
1. Around April 29, 2015, the Defendant: (a) collected KRW 870,000 from “D” member, a customer, at the said victim’s office; and (b) was kept in custody for the said company on behalf of the said company; (c) around that time, the Defendant used the money for personal purposes, such as living expenses and repayment of debts, at Daegu KRW 870,000; (d) from that time until April 18, 2019, he/she embezzled the money that was collected 104,310,260 won for total 38 occasions as indicated in the list of crimes.
2. Occupational breach of trust;
A. From March 2015, the Defendant supplied a “F” company with an amount equivalent to KRW 4,290,700 to the victim company’s main household, and had a duty to collect the amount equivalent to the said amount from the said company.
Nevertheless, around June 2015, the Defendant violated the above duties at the above victim company office’s office, and filed a false report as if the Defendant were paid the outstanding amount in full despite the remaining amount equivalent to KRW 3,290,700 at the time, thereby preventing the victim company from exercising the outstanding amount.
As a result, the Defendant acquired the outstanding amount from the above company 3,297,000 won in property benefits and suffered a loss equivalent to the same amount from the victim.
B. Around March 8, 2016, the Defendant had a duty to supply the victim company principal household in an amount equivalent to KRW 12,604,730 to the owner of a newly-built loan site located in Daegu-gun G around March 8, 2016, and to collect the equivalent amount from H.
Nevertheless, around June 2016, the Defendant made a false report in violation of the above duties at the above victim’s company office and despite the fact that the Defendant did not receive money, as if the Defendant received money.