특정경제범죄가중처벌등에관한법률위반(횡령)
Defendant shall be punished by imprisonment for not less than two years and six months.
The request of the applicant for compensation shall be dismissed.
Punishment of the crime
On August 9, 2010, the Defendant, who became a member of the Victim B Co., Ltd. (hereinafter “victim Company”), was in charge of the issuance, sale, exchange, collection, and destruction of gift certificates at the fund team from September 6, 201 to April 25, 2017.
On January 2, 2017, at around 21:17, the Defendant: (a) deleted the recovery records of KRW 500,000,000,000 from the victim’s capital team office located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and 10,000 from the victim’s affiliated member store D, in a computerized method; and (b) fabricated it as if the Defendant issued a change of KRW 100,00,00 gift certificates to KRW 2,00; (c) arbitrarily brought KRW 2,00 of gift certificates of KRW 10,00 of the victim’s company being kept in custody in the custody of the fund team office from around March 30, 2017 to KRW 619,50,000,000, KRW 106,000,000 from around the day to March 30, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes, such as filing of a complaint, recording book, details of collection of gift certificates of embezzlement, details of exchange and sales;
1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Articles 32(1)3 and 32(2) and 25(3)4 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (in cases where the scope of liability for compensation is unclear and thus, it is not reasonable to issue an order for compensation in a simple method in the criminal procedure. The embezzlement of the defendant is not cash merchandise coupons, and the victim company is a merchandise coupon, the victim company’s amount of damage is embezzled by the defendant at an investigative agency.