업무상횡령등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
1. From October 1, 2007 to December 31, 2015, the Defendant: (a) while working as the head of the business division in the Dispute Settlement Bank Co., Ltd., and was in charge of supplying ready-mixeds to customers and collecting the proceeds therefrom; and (b) transferred KRW 5 million from D, a trader, to the Agricultural Cooperative Account in the name of the Defendant on November 6, 2015; and (c) used them for personal living expenses, etc. for the victim during the course of business custody for the victim.
2. The Defendant’s fraud, as stated in paragraph (1), was supplied with ready-mixed to a customer by the above victim company, and the outstanding amount was generated by using part of the transaction price as personal living expenses, etc., and as soon as possible, the Defendant supplied ready-mixed to an individual entrepreneur, etc., and then received the outstanding amount from the existing supplier after receiving the payment in cash. However, when supplying ready-mixed to an individual entrepreneur, etc., it was difficult for the individual entrepreneur to demand guarantee from the victim company as owner and actually receive ready-mixed. Thus, as such, it was difficult for the individual entrepreneur, etc. to request the owner’s guarantee from the victim company to receive the pre-existing ready-mixed, and thus, it was intended to engage in food service business to prevent the return of the outstanding amount by preventing the outstanding amount.
Accordingly, on September 23, 2015, the Defendant made a false statement to F, the representative director of the victim company, at the victim office located in the victim office in Pakistan-si around September 23, 2015, stating that “The supply of ready-mixed equivalent to KRW 5.920,00 from G, which is an existing trading company.”
However, there was no fact that the Defendant received a request for the delivery of ready-mixed from G around that time, and as mentioned above, the Defendant only borrowed the name of G in order to receive the price and approve the amount of the outstanding amount, etc. received.
As such, the Defendant deceptions F, from F on the same day.