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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. On March 1, 2018, the Defendant and the victim B (the age of 47) established a human resources supplier company in the name of “D” at the Seoul Guro-gu Seoul Building and the office located in the first floor and agreed to jointly manage the company. Business registration is made in the name of the Defendant holding the employment brokerage license, and the company establishment fund, etc. shall be made in full by the victim, and the victim shall acquire it at the time of the occurrence of operating income, and the Defendant shall pay a monthly wage and pay the amount equivalent to 20% of the above profits at the time of the settlement of accounts.
Accordingly, from March 2018, the Defendant has been engaged in the business and manpower dispatch, the settlement of personnel expenses, etc. in the above D.
A. On May 5, 2018, around May 19:30, 2018, the Defendant embezzled occupational embezzlement: (a) around May 5, 2018, at the Guro-gu Seoul Building and the office of “D” located on the first floor, KRW 9,400,000 of the company’s operating funds for the victim’s internal depository; (b) he arbitrarily recovered them for the purpose of personal use, such as gambling funds, and embezzled them for the victim’s personal use.
B. On December 21, 2018, around December 21, 2018, the Defendant occupational embezzlement: (a) around December 21, 2018, the Defendant kept the operating funds of the said D in the E bank account under the name of the Defendant (F) for the victim; (b) voluntarily withdrawn KRW 40,000,000 from the E Bank’s new route branch located in Yeongdeungpo-gu Seoul Metropolitan Government E Bank G from the said account; and (c) embezzled by consuming for personal purposes, such as gambling funds.
2. Fraud;
A. On October 1, 2018, the Defendant against the victim B was able to provide human resources for the long-term period at the “Y Office” office to the victim B’s above accounting staff of the above company in the employment relationship with the victim B, at the “Y Office” office, at the J Kimpo site, and the J North Korea site;
As 10 human resources were supplied at the I site, it is false that 1,598,00 won was for personnel expenses, and 8 human resources were supplied at the J site so that 1,306,000 won was paid in terms of personnel expenses.