업무상횡령
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant pays 267,860,843 won to an applicant for compensation.
3.2
Punishment of the crime
From July 28, 2004 to April 27, 2015, the Defendant worked as the secretary of the Victim C Law Firm (Representative Attorneys E, F, and hereinafter “victim”) of the Victim C (Representative Attorneys E, and the victim corporation) of the 401 building in Busan Dong-gu, Busan from July 28, 2004 to April 27, 2015, and took charge of the duties of retirement allowance management for the employees of the victimized corporation while assisting
On September 5, 2008, the defendant's retirement allowance management service was subscribed to a new bank in the name of the victimized corporation for the payment of retirement allowances to its employees, and the amount to be accumulated in the above retirement pension was temporarily transferred to the new bank account (G) in the name of the victimized corporation after collecting 1/12 from the monthly salary of its employees, and then transferred it to the above pension account. After transferring it to the above pension account, the defendant paid retirement allowances to the retired employees. The defendant managed the new bank account (G) in the name of the victimized corporation and the defined benefit retirement pension account.
On September 5, 2008, the Defendant: (a) deposited KRW 95,670,309, out of the above new bank account (G), which was in custody of the victimized Corporation for the purpose of the Busan Franchisa of Busan City, the Busan Franchisa; (b) deposited KRW 112,670,309 from the damaged Corporation’s account in the name of the victimized Corporation; and (c) embezzled the remainder of KRW 17,00,000 by arbitrarily using Defendant’s personal debt repayment, living expenses, etc. around that time; and (d) embezzled it by using KRW 407,310,400, which was owned by the victimized Corporation for 117 times from that time until April 27, 2015, as shown in the list of crimes in the attached Table.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's protocol of examination of the accused;
1. The police statement concerning F;
1. Complaints; details of account transactions; list of participants of retirement pension; details of retirement pension payments; details of transactions of retirement pension; details of each account; details of transactions of retirement pension; and written requests for deposits;
1. Investigation Report (Evidence Nos. 7, 18, 27) applies to the law.