업무상횡령
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
[2013 Man-Ma841] The Defendant and the victim D made an investment of KRW 25 million in around September 2010 in order to pay more profits while operating their respective cell phones, and entered into a partnership agreement with each other, and have set up a mobile phone sales store in Gwangju Mine-gu from October 1, 201 to April 30, 201 and operated it as a partnership business by setting up a mobile phone sales store with the trade name “F” in Gwangju Mine-gu from October 1, 201.
The Defendant was engaged in the overall management of mobile phone sales proceeds.
1. Embezzlement of partner earnings;
A. On September 15, 2010, the Defendant invested KRW 900,000 from the Agricultural Cooperative H account in the name of G that the Defendant and the victim agreed to make pursuant to the said trade contract (hereinafter “instant investment account”) and used KRW 4,00,000,000 for personal purposes, such as: (a) transferred KRW 3 million on the same day to the account of the community credit cooperatives in the name of G; and (b) transferred KRW 2 million on the 17th day of the same month to the account of the community credit cooperatives in the name of G; and (c) paid KRW 9,00,000 for the personal purposes around that time.
B. On October 15, 2010, the Defendant invested KRW 5.5 million in the account of the instant investment in the instant place in accordance with the said business agreement and used it for the victim. On the same day, the Defendant transferred KRW 5.5 million to the account of community credit cooperatives in G name on the same day, and consumed KRW 3,322,236 for personal use on the 18th of the same month in mind.
Accordingly, the defendant embezzled the victim's property.
2. Around December 15, 2010, the Defendant, at the above mobile phone sales store, deposited KRW 9,907,000 from the “J”, which was the agricultural bank in the name of G, to the I Account and stored for the victim. On the same day, the Defendant transferred KRW 9,907,00 from the G’s account to the account of the community credit cooperative in the name of G and consumed KRW 908,458 for personal use.
From that time to April 15, 201, the Defendant is in the same way three times in total, as shown in the list of offenses (1) in attached Form 1.