업무상횡령
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 this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who has overall control over the affairs, such as the supply of food materials and the collection of money, while working for food materials wholesale and retail chain C operated by the victim B as the head of the business.
On March 27, 2020, the Defendant embezzled or embezzled KRW 181,092,833, total sum of the amounts collected from the Customer from January 2016 to March 2020, as shown in the list of crimes in the attached Table, while he/she was in custody for the victim in the course of performing his/her duties.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes to the accusation, embezzlement (1j), list of embezzlements by second transaction parties, transaction account books, confirmation of purchase balance, police statement of B, investigation report (B telephone statement hearing) and investigation report (2 telephone statement hearing);
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on the suspension of execution of the community service order;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of recommended areas and the scope of recommendations], the scope of the punishment for embezzlement and breach of trust [the type 2], the amount of at least 100 million won, the amount of less than 500 million won [the amount of special punishment], the reduced amount of punishment, or the amount of less than 500 million won: the reduced amount of punishment [the scope of recommendation areas and recommendations],
3. Determination of sentence - Determination of sentence - Determination of sentence - the maximum amount of embezzlement is long, the amount of embezzlement is suspected of committing a crime, compensation for some damage, the victim is not punished, there is no same record of punishment except once of fraudulent fines, and the elderly and minor children must be supported.