업무상횡령
A defendant shall be punished by imprisonment for one year.
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
From April 1, 2016 to March 2016, the Defendant served in and retired from the “C” company of the fire-fighting facility manufacturer in both weeks, and had been engaged in the business and production management of the said company as the managing director of the victim E, a company manufacturing the same kind of fire-fighting equipment in Kimpo-si D (hereinafter “victim”) from around April 1, 2016.
1. The Defendant, at around 17:30 on May 26, 2016, has been serving as the chief of the material management department the above white pipe, while carrying out business the white pipe pipes equivalent to KRW 3,767,82 in the market value owned by the victim company at a warehouse of materials of the above company.
The F transferred the cargo to the said C Company, which it had been on duty, and provided that the said C Company used fire-fighting equipment manufacturing.
Accordingly, the Defendant embezzled the property of the victim company.
2. On April 11, 2016, the Defendant: (a) received a request for the manufacture of fire-fighting equipment from the “G” company located in Kimpo-si, Kimpo-si; (b) produced and supplied the fire-fighting equipment using the white pipe pipe owned by the victim company; (c) received KRW 13,480,50 from the said company to the I Association account (J) in the name of F used in the Defendant’s management “H”); and (d) embezzled it for the victim, while taking the money from the said company for the use of the white pipe pipe in the name of F used in the Defendant’s management “H”; and (c) used the money for the use of the H operating cost, etc. for the victim, from around that time, to August 11, 2016, the Defendant used the total amount of KRW 232,129,763 in total by the above 16-mentioned method as indicated in the list of crimes
Accordingly, the defendant embezzled the property of the victim while on duty.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness K, L, M, F, and N;
1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;
1. Materials concerning the fraudulentation of materials cost;
1. Details of transactions, a statement of calculation of materials (O, P, etc.);
1. Written estimate and statement of transactions;
1. F (H).