업무상횡령
A defendant shall be punished by imprisonment for not more than ten months.
The Defendant shall pay KRW 33,600,000 to an applicant for compensation and on January 6, 2018.
Punishment of the crime
The Defendant was in charge of the withdrawal and management of funds by keeping a corporate passbook, authorized certificate, cash card, etc., as a accounting in a stock company B (hereinafter “victim company”).
The Defendant embezzled KRW 33,660,000, which had been keeping in the account of the victimized company in the course of business on three occasions as follows, by arbitrarily transferring it to the Defendant account.
1. On November 1, 2017, the Defendant was ordered to pay KRW 10,000,000 from the representative E of the victimized Company to the F account (Account Number: G) in the name of the Defendant without paying it to the Customer.
2. On December 1, 2017, the Defendant was instructed to pay KRW 660,000 from the above E’s account at the office of damaged company as stated in the above paragraph 1(1) and was transferred to the F account (Account Number: G) in the name of the Defendant.
3. On January 5, 2018, the Defendant did not pay KRW 23,00,000 to the Customer’s account under the name of the Defendant, and transferred the amount to the F account (H: the account number) in the victimized Company’s office as described in the foregoing paragraph 1.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. Statement of the police statement of E;
1. A complaint;
1. Application of the Acts and subordinate statutes to an inquiry into the details of transfer, I reply, J reply, or K Bank reply immediately;
1. Article 356 and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;
1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution;
1. Application of the sentencing criteria (Scope of recommendations) category 1 (100 million won) (4 to 1 year and 4 months) (4 months) and the basic area (4 months);
2. The fact that the total amount of embezzlement in the decision-making of the sentence exceeds 3,660,000 won, the fact that the victim does not receive a letter from the victim, the fact that the book is reduced after the prosecution.