특정경제범죄가중처벌등에관한법률위반(횡령)등
1. The defendant shall be punished by imprisonment for two years;
2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
The victim Dispute Resolution Co., Ltd. in Seoul Special Metropolitan City Gwangjin-gu is a sales company of communications equipment and petroleum in Busan Special Metropolitan City-gu, and the defendant works as the director of the gas station in Busan Special Metropolitan City-gu from January 2012 to January 2017 and has been engaged in the settlement of sales, etc.
The Defendant used the fact that it is difficult for employees such as the representative director of the victim to confirm the specific sales of the above gas station because the location of the victim was Seoul, and thus, in the event of cash sales, the above sales amount was deducted as if the credit transaction was conducted, and then the Defendant attempted to embezzled the above sales amount by pretending that the above sales amount remains by paying a part of the above sales amount with the credit card of the Defendant or the branch, at the end of the month.
On January 2012, the Defendant: (a) fabricated the sales data of the gas station as if he/she had been on credit from E, a customer of the gas station, to have been in custody of the said cash sales money for the victim by paying the said cash sales money in cash; and (b) embezzled the said cash sales money by arbitrarily consuming it for personal purposes at around that time; (c) from that time until December 2016, the Defendant fabricated sales data as if he/she had been on credit with 18 business partners, and embezzled the said cash sales money by means of manipulating sales data as if he/she had on credit transactions with the said 18 business partners, as described in the attached list of crimes; and (d) embezzled the total amount of KRW 1,319,709,409,409.
The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is a serious crime provided for in the Act on the Regulation and Punishment, etc. of Criminal Proceeds Concealment, and no person shall commit any act that disguises the cause of the occurrence of any property generated by any criminal act corresponding to such serious crime, any property acquired as remuneration for such criminal act, or any property generated from such criminal proceeds.
The defendant.