업무상횡령등
A defendant shall be punished by imprisonment for not less than eight 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
The Defendant is a person who has been engaged in the sales and collection of goods in the “D” managed by the Victim C (50) located in Daegu Northern-gu B.
1. From August 2015 to May 2016, the Defendant: (a) collected the amount of KRW 874,880 from “F” located in Daegu Northern-gu E; and (b) did not deposit the amount with the victim while keeping it for the victim; and (c) consumed the Defendant’s daily living expenses, etc. around that time.
In addition, from August 2015 to July 2016, the Defendant, as well as the Defendant, embezzled the total amount of KRW 17,321,197 in total 54 times from around August 2015 to around July 2016, by consuming the proceeds of goods in the form of mind.
2. At around 08:00 on June 28, 2016, the Defendant: (a) opened a door using a prior key in the said “D” warehouse; and (b) stolen goods worth KRW 753,400 in total amount of nine items, such as the description of the stolen goods in the list of crimes in attached Table 2, such as the Textiles and Three Gamblings.
3. On June 30, 2016, the victim, who became aware of the Defendant’s crime, committed during night building intrusion theft, had been aware of the fact that the Defendant collected Gone Star Co., Ltd. owned by the victim who was operated for business purposes and stored it in the warehouse, and had the victim known of such fact.
On June 30, 2016, at around 23:54, the Defendant: (a) opened a door using the key in the warehouse of the foregoing “D” office; and (b) stolen the said one using the key of the vehicle in advance, which had been installed at the market price of KRW 3,00,000,000.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. Application of Acts and subordinate statutes to photograph by cutting down the customer president, account books, details of stolen goods, text messages, and stifa;
1. Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement) regarding criminal facts and the Criminal Act.