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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
From December 2014, the Defendant has been engaged in the business of supplying and collecting relics of the said company as a staff member of the D Company (E) as the victim of the damage in Goyang-gu, Busan Metropolitan City.
The Defendant, at the “G Mart” located near the F Station in Pakju-si on December 16, 2014, supplied milk products and collected KRW 890,150 under the pretext of the price, and used them for personal purposes, such as living expenses, etc. in the workplace of the Defendant, such as Goyang-gu, Goyangyang-gu, etc. around that time in the course of business for the said victim. On December 16, 2014, the written indictment on December 16, 2015, written on December 16, 2014, is deemed to be a clerical error in the indictment, and thus, shall be corrected ex officio.
From around August 3, 2016 to around August 3, 2016, a sum of KRW 30,539,050 as the price of supply of milk products is collected, and deposited KRW 9,583,850 on behalf of the said victim in the course of business for the said victim, and embezzled the remainder of KRW 20,05,200 for personal use, such as living expenses, etc., of the said Defendant’s residence.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. The Defendant and his defense counsel shall not include an amount equivalent to KRW 10 million out of the amount deposited by the Defendant from G Mart to G Mart as the Defendant supplied and received the goods purchased at the Defendant’s personal expense, and thus does not include an amount of embezzlement.
However, there is a fact that the defendant purchased goods with personal funds.
Even if the data, such as the details of the transaction with G Mart, is merely stated in the D Company that the price was paid for the supply of goods to G Mart, and otherwise, the goods owned by the individual were supplied to G Mart as alleged by the defendant.
Since there is no evidence to determine the person, the defendant and his defense counsel's assertion shall not be accepted.
Application of Statutes
1. The pertinent Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts (the choice of penalty).