업무상횡령
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
From February 206 to August 2013, the Defendant was working as the director in charge of sales and sales in the liquor wholesale company C (hereinafter “victim company”) in Jeju City from February 2006 to August 2013. On May 31, 2013, the Defendant embezzled the amount of KRW 29,162,000 in total 49 times as shown in the separate crime list by arbitrarily consuming the amount of KRW 29,162,000 in total while being kept in custody for the victim company from May 31, 2013. < Amended by Act No. 11883, Aug. 30, 2013>
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. The police statement concerning F;
1. Relevant Articles 356 and 355(1) of the Criminal Act concerning criminal facts subject to investigation reports (receiving a detailed statement of embezzlement): The sentencing criteria for sentencing of imprisonment is to be imposed as per the disposition, taking into account all the following circumstances (the group of embezzlement and breach of trust crimes, type 1 (less than KRW 100 million), the basic area, month of imprisonment, April - April 4) and the following circumstances. The favorable normal circumstances are recognized: (a) the facts of the crime are recognized; (b) there are no criminal records exceeding fines; (c) the amount of embezzlement is not repaid without a large amount of embezzlement; and (d) other facts that are not good in light of the circumstances of the crime (the fact that the crime was committed even after partial embezzlement was discovered). It is so decided as per Disposition on the grounds of above: (a) the circumstances after the crime was committed; (b) the Defendant’s criminal records; and (c) the Defendant’s criminal records.