업무상횡령
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
From May 2010 to November 2014, the Defendant, as the head of the business team of the victim D Co., Ltd., a supplier of cooling and heating apparatus located in Gwangjin-gu Seoul Special Metropolitan City and the first floor, has been engaged in the sales and collection of the products of the said company.
Around June 3, 2014, the Defendant entered into a supply contract with “F” and approximately seven air conditioners of the victim Council in Busan Dong-gu, Busan, and entered KRW 6,030,000 in the national bank account in the name of the Defendant (G) around June 3, 2014. However, according to the evidence duly adopted and investigated by this court, this is obvious that it is a clerical error, and even if it is corrected without changing the indictment, it is not deemed that it would be a substantial disadvantage to the Defendant’s exercise of his/her right to defense. Accordingly, this is corrected ex officio).
Around that time, while the company was kept in custody for the above company, it was consumed for personal purposes such as gambling funds and repayment of debts.
From around that time to November 7, 2014, the Defendant received the price for supply from the transaction partner to the above national bank account at least 23 times as shown in the list of crimes attached hereto, and used at will 59,315,000 won in total by the same method.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Statement made to I by the police;
1. Details of accounts of a national bank in the name of the recipient;
1. Each statement of transactions;
1. The list of installation and management;
1. Application of each deposit certificate, the list of receipts, receipts, and the list of receipts, and management and administration of each deposit;
1. Relevant legal provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, reasons for sentencing of sentence of imprisonment, and reasons for sentencing of sentence of imprisonment;
1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and
2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for a period of April to April 1 (less than 100 million won) basic area (from April to April 1) - No person who has no special sentencing factor:
3. Determination of sentence: Six months of imprisonment; and