업무상횡령
A defendant shall be punished by imprisonment for not less than two years and six months.
An application for compensation by an applicant for compensation shall be dismissed.
Punishment of the crime
From April 1, 2013 to July 4, 2016, the Defendant worked as an employee of the Victim C Co., Ltd. “C” in Jinju-si, and was engaged in the design of the test and the fund management of the victimized company.
While the Defendant kept the funds of the victimized Company in the course of business, the Defendant did not enter the NH Nonghyup Bank account (Account Number E) under the name of the victimized Company, and did not confirm the details and balance of the entrance and exit in the ordinaryized damaged Company. In order to embezzled the money owned by the victimized Company by using the circumstance that the Defendant did not confirm the details and balance of the entry
On February 15, 2016, the Defendant transferred KRW 500,000 to another NH Nonghyup Bank account (Account Number E) in the name of the victimized company from another NH Nonghyup Bank account (Account Number F) in the name of the victimized company, withdrawn it in cash at the point of Jinan-dong, Seoul National Bank account (National Bank, Account Number G) in the name of the Defendant, and embezzled it for personal use, such as credit card payment, private sports soil game expenses, etc. from around that time to July 10, 2016, and embezzled it for personal use by discretionary means by taking account of the suspect’s personal consumption around that time.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Statement made by the police with H;
1. Details of deposits and deposits in each NH account in the name of the Co., Ltd.;
1. Application of the laws and regulations on financial transactions in the KB bank account in the name of the defendant
1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 32(1) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit, etc. of the Dismissal of Application for Compensation (the scope of liability for compensation is unclear, and the applicant’s civil procedure, etc. is different.