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
Around March 31, 2011, the Defendant conspired with C in collusion with C, victim D, and Jongno-gu Seoul E, supplied goods, such as design drawings, from “G,” and received KRW 10,00,000 from “G,” and used them for personal purposes, such as cost of living, without depositing them into “F” account.
The Defendant, together with C, embezzled an amount equivalent to KRW 61,11,288, which was totaled eight times from around that time to July 2, 2012, as indicated in the separate list of crimes, by arbitrarily consuming the amount of KRW 61,11,28 for personal purposes, such as living expenses, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Police suspect interrogation protocol regarding C;
1. Application of the police statement law to D;
1. Article 356 and Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 of the same Act (Selection of Imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended execution is not less than the fact that there is no criminal record against the defendant, and that the defendant has recovered 1,4680,000 won out of the amount of damage (the first right of investigation record No. 8), etc.