업무상횡령
A defendant shall be punished by imprisonment for six 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
From December 2, 2002 to the end of the end of December 2014, the Defendant served as the representative director of the D Co., Ltd., which is located in the second floor C of the Daegu-gu building B, and managed all the funds of the said Co., Ltd., such as business fees and fees, which were acquired by the president of the said Co., Ltd. (the electrical engineers registered as the business operators belonging to the said Co.
On May 31, 2015, the Defendant: (a) transferred KRW 19,600,000 to the personal account (H bank I) in the name of the Defendant on July 7, 2015, when the settlement of accounts was not finished after the closure of the business; (b) on September 14, 2015, the Defendant paid KRW 19,600,000, including KRW 9,600,00 from the Gyeongbuk Branch Account (E Bank G) of the Victim Company (E Bank G) to the Defendant’s personal account (H Bank I); and (c) embezzled KRW 3,30,000 on April 6, 2016, using the Defendant’s civil attorney fee, KRW 640,00,00 on April 22, 2016, and KRW 600,000 on August 30, 2016; and (d) embezzled as the Defendant’s personal attorney fee for criminal case.
Accordingly, the Defendant arbitrarily consumed the amount of KRW 19,600,000 of the funds of the victim company that was in custody for personal purposes and embezzled.
Summary of Evidence
1. Defendant's legal statement;
1. Detailed statement of transactions from entry and withdrawal (the sequence 114 in the evidence list);
1. Receipts (Fees for the appointment of attorneys-at-law 115);
1. The business registration number (the sequence 123 in the list of evidence);
1. Application of Acts and subordinate statutes of the certified transcript of corporate register (No. 130);
1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;
1. The reasons for sentencing under Article 62(1) of the Criminal Act include: (a) the fact that the defendant has not committed a second offense by recognizing and opposing his mistake; (b) the total amount of the above damage has been discharged; and (c) there has been no criminal conviction and no criminal conviction exceeding the fine; (d) the degree of damage; and