업무상횡령
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On November 28, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Suwon Fagwon, and the said judgment became final and conclusive on January 23, 2014.
B, from February 8, 2012 to December 26, 2012, 2012, B, as the head of the “F” convenience store operated by the victim E located underground in the subway No. 7 line D located in Seocho-gu Seoul Metropolitan City, Seocho-gu, Seoul, engaging in the business of ordering goods and selling proceeds of the above convenience store.
B From November 2012, from around 2012, he was in charge of settlement and cash management by receiving deep trust from the injured person and managing the credit cooperative keys, and the defendant knew that the defendant B manages the credit cooperative for the injured person as above, he conspired with B to use the cash, etc. in his custody within the credit cooperative at his own discretion.
The Defendant and B offered the above convenience points around 06:00 on December 25, 2012, and around 06:00, B used cash 1,469,630 won and 12,5,000 won for cultural merchandise coupons 12,00 won and 5,00 won 21 for the victim in a safe place, and offered them to the Defendant with the above convenience points as if they were selling drinking water. At that time, the Defendant and B used them for personal purposes, such as living expenses, along with the Defendant A, in Seoul et al.
Accordingly, the defendant embezzled the property of the victim who was under custody in the course of business in collusion with B.
Summary of Evidence
1. Protocol concerning the examination of suspect B by the prosecution;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police for E;
1. The screen of a CCTV-cape;
1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;
1. Article 356, Article 355 (1), and Article 30 of the Criminal Act concerning the facts constituting an offense;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;