업무상횡령
A defendant shall be punished by imprisonment for one year.
Punishment of the crime
From April 2012 to September 2013, the Defendant was engaged in the operation of the above clothing store and the fund management business while serving as the “E” staff of the victim D’s “E” store located in Gold-gu, Busan.
1. From May 2013, the Defendant embezzled KRW 23,719,179, which is to be remitted to the head office, voluntarily consumed the amount of KRW 23,719,179 for personal use of the Defendant around that time while he/she was in custody for the victim and embezzled it for personal use, and then wrongfully consumed KRW 83,909,248 in all of the aforementioned methods five times until September 2013 as shown in the crime sight table (1).
2. From May 2013 to September 2013, the Defendant voluntarily consumed KRW 1,500,000, out of KRW 16,374,100 of the proceeds from sales of the clothing store as the rent of the clothing store for the victim’s personal purpose while in the course of performing duties for the victim, and embezzled it for the victim’s personal purpose, and then wrongfully consumed KRW 6,00,000 in total on four occasions as shown in the separate crime list (2) from around that time to around September 2013, and embezzled it for the Defendant’s personal purpose.
3. Around July 5, 2013, the Defendant received KRW 20,000,000 from F, who was the recipient of the above clothing store, to the Agricultural Cooperative account in the name of G, and embezzled the Defendant’s voluntary consumption for his personal use, while carrying out his duties for the victim, and then embezzled it. From around that time to August 20, 2013, the Defendant arbitrarily consumed the Defendant’s total of KRW 117,00,000 by the same method as above, five times from that time to August 20, 2013, and embezzled it.
Summary of Evidence
1. Statement by the defendant in court;
1. Examination protocol of the accused by prosecution;
1. Statement made to D by the police;
1. The remittance details, photographs, materials for reporting sales, the current status of receipts and disbursements on each store date, the current status of agency accounts receivable, written confirmation of transaction details, and the details of financial transactions in Nonghyup Bank;