업무상횡령
A defendant shall be punished by imprisonment for six months.
The defendant has repaid 40,52,600 won to an applicant for compensation and full payment from April 16, 2015.
Punishment of the crime
On November 6, 2014, the Defendant was sentenced to a suspended sentence of one year for a violation of the Military Service Act at the Seoul Northern District Court on June 201, and the judgment became final and conclusive on November 14, 2014.
1. A public-private partnership C with the Defendant: (a) operated the mobile phone sales store in Do Government-si D; (b) around June 5, 2013, the Defendant: (c) provided the mobile phone from the victimized Company to the customers, sold and opened the mobile phone; and (d) paid the amount to the victimized Company; and (c) concluded a contract on the mobile phone sales with the content that the Defendant would pay the fees for the sale of the mobile phone from the customers; and (d) sold the mobile phone to the customers entrusted with the sale of the mobile phone from the victimized Company.
On October 2013, the Defendant was delegated by Defendant C with the operation of the said “E” mobile phone sales store with the knowledge of the above fact, and was engaged in the said duties.
On October 2013, the Defendant, along with C, delivered KRW 5,00,00 to a person who was unable to know the name equivalent to KRW 9,484,200, total market value of the gallon 9 mobile phones model 1 or 9 stated in the crime sight table Nos. 1 through 9, while carrying out business for the victimized company with the mobile phone supplied by the victimized company in accordance with the above consignment sale contract. The Defendant borrowed KRW 5,00,000 for the purpose of securing security.
Accordingly, the Defendants conspired and embezzled 9 mobile phones owned by the victimized company.
2. The Defendant’s sole criminal conduct at the aforementioned “E” mobile phone sales store from the end of November 2013 to the end of the same month, and during the course of business keeping the mobile phone from the victimized company for the purpose of causing damage to the company under the above consignment contract, the Defendant’s sole criminal conduct amounting to KRW 31,068,40 in total, 35 mobile phone prices indicated in the crime sight table Nos. 10 to 44.