업무상횡령
Defendant
A Imprisonment with prison labor for a year and six months, and for a defendant B, for eight months, respectively.
A request for compensation order of this case.
Punishment of the crime
1. On September 2006, Defendant A entered into a contract for advertising business agency with the victim F Co., Ltd. located in Gwangju Northern-gu G on behalf of the defendant, and then transferred the advertisement to the victim and received advertising fees from the client.
On January 28, 2010, the Defendant concluded an advertisement contract with H on the newspaper issued by the victim, and embezzled the above advertising expenses individually consumed and embezzled them around that time during the course of business by collecting a sum of KRW 330,000 from the said H, and then embezzled them for the sake of the victim. From that time until December 30, 2013, the Defendant embezzled the total amount of KRW 158,706,00 by the same method as indicated in the annexed crime list 1, as shown in the annexed crime list 1, up to December 30, 2013.
2. Defendant B entered into an advertising business agency contract with F Co., Ltd. on August 2009, and received advertisement orders, and transferred it to the victim and received advertising fees from the client.
On January 26, 2010, the Defendant entered into a contract for advertising through a newspaper issued by the victim, and embezzled an amount of KRW 7,335,000 in total by the same method over 47 times from that time to June 20, 2013 as shown in attached Table 2, while he/she was in the occupational custody of the victim by collecting KRW 1,650,000 from the said International Private Teaching Institute for advertising expenses.
Summary of Evidence
1. Defendants’ partial statement
1. Each legal statement of the witness J, K, L, M and N;
1. Examination protocol of suspect as to the prosecutor or the police accused (including the questioning part);
1. Each written statement and statement by a prosecutor or the police with respect to J, K, L, M, and N;
1. As a result of an inquiry into the details of entry and departure transactions, a complaint, a statement of the past transaction details, a statement of savings deposit transactions, a copy of each case as a result of the transfer management, a newspaper copy, a certificate of confirmation, a copy of account inquiry, a copy of account inquiry, and a copy of the payment meeting;