업무상횡령
A defendant shall be punished by imprisonment for six months.
The defendant compensates the applicant for compensation for the amount of KRW 15,00,000.
3.2
Punishment of the crime
From August 27, 2010 to March 31, 2011, the Defendant has been working as the director of D in Jongno-gu Seoul Metropolitan Government Victim B Co., Ltd., and has been engaged in the sales management and the collection management of E affiliated stores.
1. On February 28, 2011, the Defendant voluntarily consumed 5 million won for personal purposes, such as investment in stocks, while receiving a transfer from H, the owner of the said company G member shop, to the bank account in the name of the Defendant, from the Busan Dong-gu Office, to the bank account in the name of the Defendant.
2. On March 3, 2011, the Defendant received 5 million won from the above H to the above account and voluntarily consumed the sale proceeds of cosmetics for personal purposes, such as stock investment, etc., while keeping the company for business purposes.
3. On March 28, 2011, the Defendant received 5 million won from the above H to the above account and voluntarily consumed the sale proceeds of cosmetics for personal purposes, such as stock investment, etc., while keeping the company for business purposes.
Accordingly, the Defendant embezzled the total amount of KRW 15 million on three occasions while keeping the sale proceeds of cosmetics owned by the victim B in the course of business.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police statement of I;
1. Articles 356 and 355 (1) of the Criminal Act by universal title to the relevant criminal facts;
1. The reason for sentencing under Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence / [decision of type] The basic area of embezzlement and breach of trust / [decision of the recommended area] [the scope of sentence] / [the scope of sentence of recommendation] April to 1 year [the case of embezzlement : (a) principal reason for the crime of embezzlement / [the suspended sentence] where the principal reason for the crime of embezzlement : a negative reason for the general participation of the agreement: A general participation reason for which no effort is made for recovery of negative damage: A general participation reason for which there is no criminal record above the suspended sentence [decision of sentence] the defendant set out the embezzlement after