업무상횡령
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
On October 25, 2018, the Defendant was sentenced to the suspension of the execution of the imprisonment of 8 months at the Busan District Court on the grounds of fraud, etc., and on November 2, 2018, the judgment became final and conclusive.
The defendant is a director of the victim E Co., Ltd. in Yangsan City, who takes charge of the management of construction site and construction cost, the selection of subcontractors, work instructions, etc.
On August 18, 2017, the Defendant: (a) around August 18, 2017, at the victim company’s office, decided that the victim company takes charge of the construction site of an office building of 9 stories complex in Busan Seo-gu G G, Busan, which was contracted by F Company F; (b) on the same day, the representative director of the victim company transferred KRW 118 million to H to the Saemaul Treasury account in the name of the Defendant for construction expenses to be paid to the subcontractor company, etc.; and (c) was embezzled for personal purposes, such as living expenses, by withdrawing KRW 113 million around that time in cash and then using it for personal purposes.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution (the first time, the replacement of the accused);
1. Details of written confirmation and account transactions;
1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigation reports (report accompanied by judgment, etc.);
1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that agreement is made with the victim and that there is against his/her mistake);