업무상횡령
A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On May 30, 2008, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment for the violation of the Road Traffic Act at the Changwon District Court on April 30, 2008, and the said judgment became final and conclusive on June 7, 2008.
【Criminal Facts】
From November 3, 2007 to April 18, 2008, the Defendant was engaged in the business of delivering and collecting food materials from the victim C, which was operated by the victim C, which was located in the city B, around January 8, 2008. The Defendant collected KRW 30,000 as the price of supply of food materials from the F, which was the owner of the E business in the city, around January 8, 2008, and embezzled arbitrarily consumed food expenses, etc. for the victim during his/her business storage.
In addition, from around that time to April 19, 2008, the Defendant, as indicated in the list of crimes in the annexed sheet, has collected a sum of 8,633,200 won from 34 business partners to 111 times in the same manner, and embezzled for the victim by consuming it as living expenses, etc. while on duty for the victim.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement to C by the police;
1. Current status of customers, a detailed statement of embezzlement by customer, a report on transaction by period, a written confirmation of business by customer, and a report on investigation (to be heard C telephone statement by complainant);
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);
1. Relevant Article 356 of the Criminal Act and Articles 355 (1) of the Criminal Act concerning the choice of criminal facts;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that there is no previous and the amount of embezzlement is less than the previous one).