업무상횡령
A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who actually runs a stock company C (the representative D; hereinafter “damage Company”) that is a corporation for the purpose of selling general food and beverage sales business in a female city B from May 2014 to May 2018.
In addition to substantially operating the damaged company, the defendant did not have been registered as an executive officer or employee of the victimized company, and the defendant did not have the right to claim remuneration for the victimized company, and even if there was no basis for the internal regulations of the victimized company or the resolution of the general meeting of shareholders, etc. on the amount of the damage company, the defendant's wife was actually managing and keeping the damaged company's funds, and paid the defendant's money with the intent to use the money.
On May 30, 2014, the Defendant registered the Defendant’s wife E who does not actually work for the victimized company as a false employee, transferred KRW 3,327,690 from the account of the victimized company to the F Bank G account in the name of E in the name of payment for E, and then voluntarily consumed for the Defendant’s living expenses, etc. around that time, and then embezzled KRW 181,284,60 in total over 150 times from around that time to May 25, 2018, as shown in the separate crime list, and then wrongfully consumed for the Defendant’s living expenses, etc.
Summary of Evidence
1. Application of Acts and subordinate statutes to the police's written statement of the defendant concerning H's legal statement, investigation report (Submission of the complainant-C Articles of Incorporation) 2018Kadan5861, the judgment of embezzlement return, the judgment of the court and the search of the case in B
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. The suspended sentence of Article 62(1) of the Criminal Act provides that the grounds for the sentencing of Article 62(1) of the Criminal Act shall be listed as false staff and embezzled the corporate funds of approximately KRW 180 million over four years. In light of the period of the crime, the method of the crime, etc., the defendant shall be punished.