업무상횡령
Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.
Punishment of the crime
The Defendant, a human resource dispatch company, was engaged in the management of part-time trainees and the payment of wages in B.
1. On December 30, 2016, the Defendant received KRW 5,000,000,00 from D, the representative director of the said company, to the Saemaul Treasury account under the name of the Defendant, and consumed it for personal purposes around that time while keeping the company for business purposes.
In addition, the Defendant collected 13,595,491 won in total by withdrawing 19 times, such as the money remitted under the above name as indicated in the list of crimes in attached Form 19.
Accordingly, the defendant embezzled the victim's property.
2. On January 2, 2017, the Defendant received KRW 2,679,00 from the above representative director to the above Saemaul Treasury account under the name of the Defendant, and used them for personal purposes around that time while carrying out business for the said company.
The Defendant, as recorded in the list of crimes in attached Form 1, has withdrawn more than ten times and consumed the above amount in mind.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes to the attendance record of bank transactions in the police statement protocol to D;
1. Articles 356 and 355 (1) of the Criminal Act relating to the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;