업무상횡령
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
As the birth of the victim C, from May 201 to May 3, 2011, the Defendant has been engaged in the sale of Ftels newly built in the Chungcheong War E and the above company accounting.
On November 10, 201, the Defendant received a cash 20 million won from G, a buyer of the above officetel 1104, and received a passbook and a seal in the name of G, a balance of 40 million won, from G, for the victim, in total, 60 million won for the victim, from the Defendant’s wife on the same day, under the name of living expenses of KRW 10 million in cash, and paid KRW 10 million for the Hyundai Capital as a vehicle installment, and paid KRW 10 million for I on November 15, 201, KRW 50 million on December 3, 201, KRW 500,000 on December 5, 201, and KRW 40 million on December 5, 201, and KRW 16 million on December 3, 201, and KRW 10 million on December 31, 201 for personal consumption of KRW 16 million on the same day.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. C’s legal statement;
1. A protocol of examination of part of the defendant by prosecution;
1. The suspect interrogation protocol of some police officers against the defendant;
1. The police statement concerning G;
1. Details of the C-registered corporate bank account transactions;
1. Details of transactions of agricultural accounts in G name;
1. A contract for the supply of an officetel (1104);
1. Application of Acts and subordinate statutes to all certificates of registration (1104);
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;
1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (see the following grounds for sentencing)
1. The alleged defendant received the balance of G sales under the pretext of profit settlement from the victim while running an officetel sales business with the victim. As such, the victim consented to the disposition of the said money.
2. Determination
(a) each judgment;