업무상횡령
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is the head of the distribution business headquarters of C (hereinafter referred to as “C”) that operates Internet shopping mall sales business.
On April 29, 2009, the Defendant: (a) around April 29, 2009, in order to obtain the Internet shopping mall sales store membership fee from the victim D who wants to operate the Internet shopping mall, it is required to purchase the insurance by advance payment of the insurance premium of 13 months; (b) while receiving the insurance premium of 13-month premium of 174,000 won from D, the Defendant was in custody for D with the insurance premium of 13-month premium of 174,000 won, the other customer is at the place where the insurance contract will be invalidated because he did not pay the insurance premium; and (c) as the corporate operating expenses are insufficient, the Defendant decided to use the paid insurance premium of D
As above, the Defendant paid 1,04,00 won in total up to September 2009 to E Co., Ltd. with the insurance premium paid in advance from D, six times each month, with an aggregate of KRW 1,04,00,000, and stored the remainder of KRW 1,218,000 for the victim. From April 2009 to August 2009, the Defendant used it for the purpose of paying the insurance premium for other customers and operating expenses for the company from April 21, 2009 to June 17, 209, as described in the list of crimes in the separate sheet of crimes, and received in advance total of KRW 49,837,540 from 25 victims to 17,48,540,000 for the insurance premium from August 20 or September 9, 2009 to 30,309 to 309,209, and used it as the remainder of the insurance premium for the victims to be deposited.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of witness F and G;
1. Examination protocol of the accused by prosecution;
1. Each statement of H, I, J, K, L, M, N, andO;
1. Application of Acts and subordinate statutes concerning the current status of the Cpaid Payment Contract and Cpaid Payment Statement;
1. Relevant Articles 365 and 355(1)1 of the Criminal Act concerning criminal facts;