업무상횡령
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
From February 2005 to September 30, 2012, the Defendant: (a) received a request from D, a director of the victim company C, to conduct entrusted management of the victim company; and (b) received a request from D, a director of the victim company C, and kept money owned by the victim company deposited in the victim company’s national bank account (E,F, and G) for business purposes.
On January 12, 2008, the Defendant, at the office of the victim company in Songpa-gu Seoul Metropolitan Government H, voluntarily remitted 150,000 won out of the amount deposited in the victim company’s national bank account (I) to the Defendant’s account. From that time, the Defendant, from around April 26, 2010, arbitrarily transferred 35 times the amount owned by the victim company deposited in the said account as shown in the list of crimes attached hereto, and embezzled 21,686,000 won in total for personal purposes, such as living expenses, etc. around that time.
Summary of Evidence
1. Partial statement of the defendant;
1. Part concerning D's statement among the protocol of interrogation of the suspect against the defendant by the prosecution
1. Statement made by the police against D;
1. Account transactions, etc.;
1. Investigation report (Submission of data filed by a complainant: Details of bank transactions, etc.);
1. The defendant asserts that the investigation report (Attachment of D supplementary data by mail, which is the complainant) used the account number E (hereinafter “E account”) among the national bank accounts as indicated in the judgment from January 2008 to May 2008 in the transaction with K’s transfer income and sales on consignment, and that the complainant is irrelevant to the goods price entrusted for domestic sales, and that the money listed in the attached list 3 and 4 of the daily list of crimes is not illegally obtained.
According to the evidence adopted and examined by this court, the victim C Co., Ltd (hereinafter "victim C") shall import goods equivalent to KRW 104,746,94 in total between May 10, 2005 and November 15, 2005, KRW 36,59,967 in total between September 6, 2006 and December 26, 2006, KRW 173,63,982 in total between January 4, 2007 and December 14, 2007, and KRW 59,720,6920,692 in total between January 2, 2008 and January 31, 2008.