업무상횡령등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant worked as the victim biomass C (hereinafter “victim”) between April 1, 201 and August 1, 2013, and has been engaged in the management and operation of the company’s funds, such as securities and corporation cards.
1. The Defendant in occupational breach of trust was in a position to manage the funds of the victim company as above, and in such a case, there was an occupational duty to ensure that the use of the corporation card and the management of the account would not cause damage to the company.
Nevertheless, in violation of the above duties, the Defendant, at the office of the victim company located in 161 40,000, from the Seo-gu, Incheon, Seo-gu, Incheon, on March 13, 2013, settled and processed a sum of KRW 17,134,170 through the so-called "de-line holders" using the above corporation card and appropriated it for personal stock investment expenses, thereby acquiring pecuniary benefits equivalent to the above settlement amount and causing damage to the victim company from that time to April 8, 2013, and thereby, in the above manner, acquired financial benefits equivalent to KRW 60,070,130 in total eight times in total, as indicated in No. 1 to No. 8 of the list of crimes in the attached Form No. 1 through No. 8, and suffered financial damage to the victim company.
2. On April 16, 2013, the Defendant embezzled the total amount of KRW 16,40,000,000 by arbitrarily transferring from the agricultural bank passbook of the said victim to the personal account of the Defendant at the same location as the preceding paragraph, and then arbitrarily transferring and consuming the total amount of KRW 16,40,000,000 over twice as indicated in the attached Table Nos. 9 through 10, from that time until April 18, 2013.
Summary of Evidence
1.