업무상횡령등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
From March 27, 2013, the Defendant (the representative director: E; hereinafter “victim Company”) practically run the Victim Company D from Seoul building and the sixth floor to take charge of the overall business affairs including the fund management of the said Company. The Defendant had occupational duties to faithfully manage the Victim Company. Meanwhile, the Victim Company borrowed KRW 180 million from the Small and Medium Business Corporation as its operating capital around May 31, 2013, and used KRW 100 million around May 16, 2014 as its operating capital. Around June 24, 2013, the Defendant borrowed KRW 522,500,000 as its operating capital from the two-dong branch of the Industrial Bank of Korea at the Industrial Bank of Korea on June 24, 2013, and used KRW 100,000 from the Bank of Korea on October 16, 2014 as its operating capital.
1. The Defendant: (a) voluntarily consumed KRW 81,576,800 in total over 35 times during the period from the date and time to October 17, 2014, as shown in Appendix I, at a place where it is impossible to know around June 21, 2013 while keeping the account (Account NumberF) opened in the name of the victim company for business purposes; (b) the Defendant released KRW 1,100,000 in cash from the said bank account for personal purposes; and (c) arbitrarily consumed the amount of KRW 81,576,80 in total, as indicated in Appendix I.
Accordingly, the Defendant embezzled the property of the victim company.
2. On October 3, 2013, the Defendant in occupational breach of trust delivered a company bank card (credit number G) opened in the name of the victim company to the Defendant’s wife H, and the said H settled KRW 52,974 from the Seocho-gu Seoul Seocho Energy Corporation, Seocho-gu, Seoul, to pay the victim’s account, thereby acquiring the above KRW 52,974 proprietary benefits, and the victim’s company incurred property damage equivalent to the said amount from the above date to January 7, 2015, and then arbitrarily used the victim’s credit card in the name of the victim company for personal purposes, such as the list II of crimes.