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
The Defendant, from April 1, 2009 to July 31, 2012, was the victim Ctel 406, Songpa-gu Seoul, Seoul, and was in charge of the above company’s accounting work as the management support team leader.
Around May 12, 2009, the Defendant, at the office of the victim company located in Gyeonggi-si, Gyeonggi-do, has been in the custody of KRW 13,877,340 of the victim company’s capital, voluntarily remitted the money to the company bank account F in the name of the Defendant, and embezzled it by consuming it for personal purposes, such as the Defendant’s repayment of the Defendant’s debt, etc., and then embezzled it by arbitrarily consuming the total of KRW 114,064,308 by the same method twice during the period from around that time to May 2, 2012, as shown in the list of crimes in the annexed list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Protocol of the police statement concerning G;
1. Application of Acts and subordinate statutes to the accusation, the detailed statement of embezzlement, remittance certificate, company account books, copies of bankbooks in the name of a stock company D, detailed statement of transactions by each account, certificate of deposit transaction records, and detailed statement of bankbooks;
1. Articles 356 and 355 (1) of the Criminal Act, comprehensively including relevant Articles of the Criminal Act and the choice of punishment for the crime;
1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) the defendant repaid to the victim KRW 92 million; (b) the defendant paid to the victim KRW 92 million; (c) the defendant agreed to do so; (d) the defendant did not have any criminal records for the same kind of crime; and (e) the defendant repents his/her mistake; and (e) other circumstances constituting the conditions for sentencing
It is so decided as per Disposition for the above reasons.