업무상횡령
A defendant shall be punished by imprisonment for not more than ten 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
From November 8, 2010 to September 2015, the Defendant served as a business employee at the victim (ju) E operated by D located in Gyeyang-gu Incheon as a business employee and engaged in the delivery and collection of goods.
The defendant falsely reported to the victim company as if he had been supplied to each of the clients less than the actual amount of supply, and received the actual amount of supply from each of the clients in cash or transferred from each of the clients to the corporate bank account (Account Number F), the national bank account (Account Number G), and the agricultural bank account (Account Number I) in the name of each of the clients, and received only the amount of supply that was falsely reported to the victim company in the name of each of the clients, with the intention to arbitrarily use the difference between the actual amount of supply and the amount of supply that was falsely reported to the victim company.
On August 7, 2015, the Defendant received KRW 688,00,00 from K operating a J cafeteria, which is the customer of the victim company, to the above company bank account in the name of the Defendant, and transferred KRW 660,000 among them to the bank account in the name of the victim company for the business of the victim, and transferred the remaining KRW 224,000 to the bank account in the name of the victim company on August 13, 2015, and used the remaining KRW 224,00 for personal purposes, such as the Defendant’s living expenses, etc. from November 26, 2010 to September 3, 2015, the Defendant voluntarily used KRW 112,126,000,000 for the personal purpose of the victim company’s daily life from each customer of the victim company around September 3, 2015 as indicated in the attached crime list.
Accordingly, the Defendant embezzled the property of the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by each police station in D;
1. A statement of transactions with a company bank account in the name of the defendant, a statement of transactions with the NongHyup account in H, and a national bank account in the name of the defendant.