업무상횡령등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
[Criminal Power] On February 14, 2019, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud at the Incheon District Court on February 22, 2019 and the said judgment became final and conclusive on February 22, 2019.
【Criminal Facts】
1. The Defendant is a person who works as an employee from January 2, 2007 to October 2017 as a wholesaler of fishery products in Jung-gu Incheon, Jung-gu, Incheon, which is operated by the victim B, and has been engaged in the business of selling fishery products and receiving the price for the exclusive business place.
On July 2015, the Defendant provided fishery products from “E”, the exclusive business office of the Defendant, and embezzled KRW 226,291,000 in total by arbitrarily using part of the price for goods in cash received in the same manner as indicated in the attached Table (1), from September 2017, as well as arbitrarily using the remainder of KRW 2,270,00 for the victim, while keeping KRW 13,409,00 in cash from “E”, which is the exclusive business office of the Defendant, for the victim.
2. In the original “D” of the fabrication of private documents and the display of the falsified Document, the Defendant issued a transaction statement issued by a computer program when supplying the fishery products to the opposite contractual party. Since the Defendant’s occupational embezzlement, as described in paragraph (1), indicated that “E” exists in the transaction statement of “D,” as stated in paragraph (1), the Defendant attempted to forge a receipt (a simple receipt without stating any outstanding amount) in the name of “D” for hiding it into “E” and deliver it to “E”.
On January 2016, the Defendant stated “D”, “E” in the supplier column, “E”, “4,073,000” in the total amount of the consideration for supply, and “30B, Dan 130B, 4 U.S. 80 U.S. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n.