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(영문) 서울중앙지방법원 2017.01.11 2016고단6708

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a business member of the victim C Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government from October 2014 to June 2016, the Defendant has been engaged in the business of selling and collecting traditional liquor of the said company.

1. On February 13, 2015, the Defendant received KRW 490,000 from the owner of a “D” business, who is a trader of the victimized company, to the new bank account (E) in the name of the Defendant, at a place where the location of the victimized company is unknown, and consumed the amount of KRW 490,000 for the sales of traditional liquor for the victimized company by living expenses around that time.

In addition, the Defendant, from around that time to June 15, 2016, embezzled the sale proceeds of traditional liquor of KRW 21,972,692 by arbitrarily consuming the same method 61 times as indicated in the list of crimes in the attached Table.

2. On October 7, 2015, from around October 10, 2015 to October 10, 2015, the Defendant participated in the “G” EXPO located in the Seo-gu, Seoyang-gu, Busan Metropolitan City, and sold the traditional liquor of the victimized company, and then embezzled KRW 3,00,000,000 from the cash sales proceeds to the damaged company for the sake of the victimized company.

3. On April 20, 2016, from around April 23, 2016 to April 23, 2016, the Defendant participated in the “J” EXPO held in Seocho-gu Seoul Seocho-gu Seoul, and sold the traditional liquor of the victimized company, and embezzled KRW 849,500 for cash sales proceeds by consuming it as living expenses, etc. around that time while being kept in custody for the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. A detailed statement of liquidity transactions, a statement of credit card calculation, details of additional embezzlement, and application of a copy of a business registration certificate to statutes;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines [the scope of the recommended punishment] The basic area (from April to one year and four months) of embezzlement and breach of trust (the amount less than 100 million won) (the person who has been specially mitigated).