업무상횡령
A defendant shall be punished by imprisonment for not more than ten 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 Justice] On May 20, 2014, the Defendant was sentenced to one year and four months of embezzlement by the Seoul Central District Court. The above judgment became final and conclusive on September 30, 2014.
【Criminal Facts】
The defendant operates ditches in Jongno-gu Seoul Metropolitan Government, is a person engaged in the business of collecting and arranging high art works, and the victim D is a person who conducts the business of appraising and collecting high art works.
Defendant,
1. Around April 2008, in borrowing KRW 10 million from G from the Francs of Defendant’s operation in Jongno-gu Seoul E building, the former Defendant arbitrarily provided “H” equivalent to KRW 30 million in the market value of the victim’s possession while on November 27, 2007 at the request of the victim for sale on behalf of the victim, and embezzled it by offering “H” at will to G as security, and
2. At the Franc office of the Defendant’s operation as indicated in the preceding paragraph around April 2008, the said I offered I as security to J (K) upon the request of the former victim that “a loan of KRW 10 million from J (K) as security,” and embezzled it by arbitrarily consuming the Defendant’s personal debt repayment, etc. at around that time, without delivering it to the victim, while carrying out his/her business custody for the victim.
3. Around August 19, 2008, in order to appropriate the Defendant’s interest in overdue interests in the Defendant’s M in the auction office in Jongno-gu Seoul Metropolitan L Building, the former Defendant provided “N” 1 and “O” 1 points in total amount of the market value of the victim’s possession, which was in his/her business custody for the victim, to M at his/her own discretion and embezzled, upon receiving a request from the Defendant on August 8, 2008.
Summary of Evidence
1. Defendant's legal statement;
1. Grade D of the protocol of interrogation of the accused by the prosecution
1. Investigation report (Submission of Appellants’ Data), investigation report (to hear the statement by telephone (JJ) of a reference witness), investigation report (to hear the statement by telephone of a reference witness);
1. Previouss before ruling: Criminal records and investigation reports, and suspects;