업무상횡령
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
From October 2007 to October 2015, the Defendant has been engaged in determined land-related affairs, such as purchase of refined land, issuance of specifications, tallying, sale, delivery, etc., in D Mart operated by G in G in the Gyeong-gun of Seongbuk-gun.
On September 10, 201, the Defendant, while taking charge of the business related to refined meat in D E E (hereinafter “E”), was aware that there is a difference between the inventory of refined meat in the actual possession and the inventory of refined meat in the electronic system, and was to receive a false electric ticket from E (hereinafter “E”).
The Defendant, without purchasing real goods from E, issued a detailed statement of trading 214.5kg (amounting to KRW 3,00,000), and then purchased and marked the purchase through other employees, and paid the price to E in C, and again, used the Defendant’s wife arbitrarily for the purpose of using the cost of healthy fishing and living, etc. from around 192 times to October 16, 2015, as shown in the attached crime list, while returning to the Agricultural Cooperative Account (G) of F designated by the Defendant for the victim C, the Defendant used the Defendant’s wife arbitrarily for the purpose of personal living expenses, card payment, etc.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to H and I;
1. Application of Acts and subordinate statutes on a contract for purchasing goods and trading specifications;
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] Type 2 (10 million won or more or less to be less than 500 million won) basic area (1 to 3 years) / [the sentence of sentence] imprisonment for 2 years, suspended sentence 3 years, and 320 hours for the crime of this case by community service order of this case was actually supplied by E over 192 times for a period exceeding eight years while the defendant worked in D marina operated by C.