업무상횡령
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant has been engaged in the management of the company’s funds as the accounting of the company B from June 2010 to August 2015.
On March 31, 2015, the Defendant arbitrarily released 2.2 million won and consumed 2.2 million won in order to pay money, while the Defendant was in the business custody of two passbooks (D and E) in the name of the said company's office located in Gangnam-gun C.
In addition, from around that time to August 14, 2015, the Defendant arbitrarily withdrawn total of KRW 24,70,000 from the account in the name of B Co., Ltd. over a total of 10 times, such as the list of crimes, and consumed for the payment of the time limit money.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police with regard to F;
1. Application of the Acts and subordinate statutes on the transactions of entering and withdrawing in the name of the State B;
1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the type of punishment] Occupational Embezzlement, Type 1 (less than KRW 100 million) [the scope of recommendation] [the scope of recommendation] imprisonment with prison labor for one month from January to October (the scope of mitigation of punishment], the amount of damage for one year from the suspended sentence is not smaller than four months, and the amount of embezzlement has been recovered for a long period of time, the damage has been recovered, the same kind of criminal record and the amount of fine have not been criminal records exceeding the same kind of fine, etc.