업무상횡령
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal record] On January 13, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud, etc. at the Jeonju District Court, which became final and conclusive on January 21, 2015, and is currently under suspended sentence.
[2] The Defendant, from March 2009 to October 31, 2013, was engaged in the business of managing company funds as the F company’s accounting of the victim E in Kim Jong-si from around October 31, 2013.
On March 9, 2009, the Defendant, at the above office, managed the Agricultural Cooperative Account (G) through the management of the deposit and withdrawal funds of the company’s funds, and deposited the funds of the company’s operation in the business, transferred KRW 3,000,000 to the Agricultural Cooperative Account (I) in the name of the Defendant’s seat, and consumed the funds for the personal expenses from the first day of the week at that time.
From around that time to October 31, 2013, the Defendant: (a) transferred KRW 444,259,604 in total over 464 times through a deposit account in the name of H or in the name of his/her own children, as shown in the list of crimes in the attached Table; and (b) embezzled the money voluntarily consumed by the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement protocol by the police for E;
1. Each investigation report and accompanying documents;
1. Application of Acts and subordinate statutes to a detailed statement of transactions through which the details of embezzlement can be verified;
1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 2 (10 million won to be less than 50 million won) (the person subject to special mitigation) [3 months to 2 years] of the area of special mitigation (the person subject to special mitigation] [the sentence] in the case where the self-denunciation or internal corruption, the accusation of punishment, or significant damage has been restored [the sentence] one year and six months of imprisonment, and the suspension of execution two years: the amount of damage caused by the crime exceeds 444 million won, but the considerable amount of money has been actually used for the victim company.