업무상횡령등
Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The Defendant, from May 25, 2012 to August 2012, 2012, is a person who holds office in “E” of the victim D’s operation in Jinju City as an executive director, and has been in charge of the management of property owned by the victim, which was used as business funds of the said company.
1. On June 2012, the Defendant: (a) around June 2012, at the victim D’s order, kept approximately KRW 5,962 g market price of steel materials remaining after the Defendant’s use at the above company, in a factory operated by the Defendant’s branch.
Although the Defendant received a request from the victim D to inform him/her of the storage place of the aforementioned steel materials on August 2012, the Defendant retired from the said company at around that time, and did not inform the victim of the storage place of the said steel materials.
As a result, the Defendant concealed the steel materials owned by the victim as it is difficult or impossible to find it because the location of approximately KRW 5920,000 is unclear at the market price of 5,962km.
2. Occupational embezzlement;
A. On June 1, 2012, the Defendant, at the office of the above company, managed the victim D’s property, which was used as the business funds of the above company, and, for personal purposes, stated to the effect that the Defendant would make a separate report to the president (victim D) for the purpose of using the victim’s property for his/her personal purposes, and that “the amount of KRW 15 million would change to the president of the company’s funds.” On the same day, the Defendant received KRW 10.5 million from F to the Defendant’s Defendant’s financial account in his/her name (Account Number H), and used it for personal purposes after receiving KRW 4.5 million in cash.
Accordingly, the Defendant embezzled KRW 15 million owned by the victim D while on duty.
B. Around June 2012, the Defendant: (a) around the foregoing company office, at the victim D’s office, who was in use by the said company, had one computer worth KRW 437,500 on its own; and (b) from that time when the Defendant was kept at the Defendant’s office, from that time until that time the Defendant left the office of the said company.