업무상횡령
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Criminal facts
[2016 Highest 3620 [Attachment 3620] The Defendant, while operating E stores located in Ma in Ma in Mapo-si, has been engaged in the business of selling clothing owned by the victim company by entering into a contract for the clothing sales agency with G and the victim company located in Gangnam-gu Seoul, Seoul, to sell Category E, which is owned by the victim company, from March 17, 2014, and to transfer the price to the victim company through Dolet and to receive 17% of the profit as sales commission.
On January 27, 2015, the Defendant was in custody for the victim company with 12,327,700 clothes worth KRW 196 entrusted by the victim company on behalf of the victim company, and around that time, disposed of the above clothing in other places in mind, and consumed the price for personal use.
From around that time to August 24, 2015, the Defendant disposed of the total of 222,318,600 won of clothes as indicated in the attached Table 1, or sold them in any other place, and consumed the clothes in mind for personal use, instead of depositing them into the victim company.
Accordingly, the defendant embezzled the victim's property.
[2017 Highest 4477] The Defendant works as an employee at the “J” of the victim I’s operation during the period from April 2016 to November 201 of the same year and is engaged in the supply and collection of food materials to customers.
On June 22, 2016, the Defendant received KRW 200,000 from the proprietor of the above L cafeteria, which is the business partner of the said J, and then arbitrarily consumed the remainder of KRW 100,000,000, which remains after paying only KRW 100,000,000 from the above L cafeteria, from November 2, 2016, the Defendant used the remainder of KRW 2,450,000 on a total of 29 occasions, as shown in the list of crimes in Attached 2, from the time on which he/she arbitrarily consumed it.
In this respect, the defendant is a professional custodian.