업무상횡령
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
From December 11, 2008 to March 30, 2014, the Defendant was a vice-director in the victim C Co., Ltd., and was engaged in wholesale business and money collection business.
On February 8, 2013, the Defendant: (a) received KRW 880,00,000 from the person under whose name the proprietor was the operator of the “D” stores selling skiing goods, etc. in the vicinity of Pyeongtaek-gun, Pyeongtaek-gun, Gangwon-do, for the transfer of the money to the Defendant’s agricultural bank, and used the money for gambling, etc. in Gangwon-do, which was in custody for the sake of the victim company; (b) around that time, the Defendant used the money for gambling, etc. in Gangwon-do.
In addition, the Defendant embezzled the sum of KRW 40,739,00 by the same method in Gangseoland, etc. over 35 times from April 2012 to March 2014, as indicated in the list of crimes in the attached Table.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of each prosecutor's office and police statement concerning E;
1. Application of Acts and subordinate statutes to investigation reports (the attempted statement and the details of LOSS for skiing goods), investigation reports (report attached to the details of banking transactions);
1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Social service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing [the scope of Defendant’s liability is not clear due to the additional repayment made) under Articles 25(3)3 and 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation Orders [the scope of recommending punishment] [the scope of punishment] mitigated area (one to one hundred million won] (one month or ten months), and where significant damage has been recovered (the decision of sentencing] [the decision of sentencing] where a company has been placed in the position of being engaged in its business for several years, he/she embezzled money for personal reasons, such as gambling funds, etc. in which the trust relationship, who has been placed in the position of being engaged in its business and continuously deducted money and valuables amounting to forty million won.