beta
(영문) 서울동부지방법원 2018.10.11 2018고단1899

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From October 201 to August 2017, the Defendant, as an accounting employee of Seongdong-gu Seoul Metropolitan Government D Co., Ltd. (hereinafter “victim Co., Ltd.”) with victim D Co., Ltd. (hereinafter “victim Co., Ltd”), was in charge of the receipt and disbursement of money.

On January 15, 2013, the Defendant arbitrarily embezzled KRW 219,500,000,00 from F operating E, a trader of the victim company, to pay 3 million in cash, and was kept in custody for the victim company. Around that time, the victim company entered the account books with a deposit of KRW 2 million in cash, and used the remainder one million in cash as living expenses, etc., from that time until August 4, 2017, as shown in the list of crimes in the attached Table, from that time, up to August 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of G police statement;

1. Labor contract;

1. Application of the specifications of sales transactions and the statutes governing H sales transactions;

1. Relevant Article of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning the choice of criminal facts;

1. The reason for the sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the amount of the instant embezzlement exceeds KRW 200 million, and has been embezzled for a considerable number of times for a considerable period of time, and the nature of the crime is not good, and there are considerable amounts that have not yet been recovered from damage.

However, most of the embezzlements are used for insufficient living costs while raising two children on the basis of the monthly wage. In order to recover the damage, the victim acknowledged all the amount claimed by the victim who revealed the crime of this case, and accordingly, all methods such as the return of deposit for lease, credit card loan, disposal of waste, etc., and borrowing from the group members and branch members, etc., and even his/her father and son who is attending the university at the university at the university at the university at the university at around 10,560, including three million won and nine million won and credit granted under the name of I.