업무상횡령
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
【Criminal Facts】
The Defendant is the victim C Co., Ltd. (hereinafter the victim Co., Ltd.) (hereinafter the victim Co., Ltd.) who moved in in the department store of the Daejeon Seo-gu Daejeon District, Seo-gu, Daejeon District Court from May 17, 2013 to February 16, 2014, who is engaged in the storage and sale of clothing, inventory management, employee management, settlement of accounts, etc. for the victim company.
1. On May 20, 2013, the Defendant: (a) sold the victim’s company’s re-paid 1,000 won at the market price to customers; and (b) received the price of the goods, the Defendant arbitrarily disposed of and embezzled the above-mentioned clothes by placing them in the electronic sales account book as if they were held in stock at the store; (c) and (d) around that time, until February 9, 2014, the Defendant arbitrarily disposed of and embezzled the above-mentioned clothes by placing them in the electronic sales account book as if they were held in stock at the store; and (d) then embezzled them by arbitrarily disposing of 249 points, such as the clothes of KRW 62,694,100 at the market price, which was kept in business for the victim, as
Accordingly, the defendant embezzled the victim's property.
2. From February 2, 2014 to February 16, 2014, the Defendant sold 45 items, such as clothes, etc. equivalent to KRW 16,49,200, the market price of the victim’s company owned by the Defendant, to customers, and embezzled 13,071,200 won, excluding KRW 3,428,00, paid to the victim’s company, while having been kept in custody for the victim’s business, without having deposited the amount of money equivalent to KRW 13,428,20,00.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness E;
1. Application of the F of each police protocol of statement to the F;
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;
2. Reasons for the sentencing of Article 62(1) of the Criminal Act (the decision of type) [the grounds for the suspended sentence] Article 62(1) of the Criminal Act, types 1 (a less than KRW 100 million] (the scope of recommendation), 4 months to 1 year and 4 months (basic area) (the general person) of the suspended sentence, and the proceeds of crime