업무상횡령
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[Basic Facts] The Defendant, from December 27, 2013 to April 2015, operated “D” from C1st to E as the victim E.
[2] Around June 18, 2014, the Defendant: (a) received a transfer of KRW 500,000,000 from the Hansung Development’s office to the Agricultural Bank’s account (F) under the name of the Defendant; and (b) embezzled the said money as personal card payment settlement; (c) and (d) embezzled KRW 12,00,000 in total on seven occasions from around that time to February 25, 2015 by using the same method as written in the list of crimes in the attached Table.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to a copy of a business registration certificate, a copy of the medicine of the same industry, a copy of a survey and a copy of an application for authorization and permission (G, September 2014), a copy of an application for survey and authorization (H, one other, December 2014), a copy of an application for survey and authorization (I, December 2014), a copy of the application for survey and authorization (joint development) and a copy of the application for survey and authorization (joint development, April 2014);
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of a punishment for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing period of the instant crime under Article 334(1) of the Criminal Procedure Act is reasonable, the duration of the instant crime is considerable, and the amount of damage is not specified. However, considering the following: (a) the Defendant’s mistake is recognized and reflected; (b) the victim’s repayment was made; (c) the Defendant’s age, sexual conduct; (d) the circumstances before and after the commission of the crime; and (e) the victim’s relationship, etc.