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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, from around December 28, 2008 to October 11, 2009, had been serving as the vice president of the e station and e station operated by Dod (hereinafter referred to as “E office”), from around April 1, 2010 to April 30, 2012, and from around May 1, 2012 to around December 15, 2012, the Defendant has been serving as the vice president of the e station and e station operated by Dod (hereinafter referred to as “E office”); and has been serving as the e station and e station operated by the victim from around May 1, 2012 to December 15, 2012.
1. The Defendant who embezzled oil payments paid in cash is unable to verify the daily sales data of five business places belonging to the victim company, and it is difficult to confirm the amount of credit card sales from the victim company to be immediately deposited into the account in the name of the victim company. The card sales amount was crypted by manipulating and reporting relevant data by means of increasing the amount of cash sales and reducing the amount of cash sales, thereby excluding the cash equivalent to the difference.
On January 31, 2009, the Defendant kept oil prices paid in cash from customers in the E business place located in Busan Seo-gu, Busan for the victim company. On January 31, 2009, the Defendant made a false account book and made a false report in a manner that increases the approval amount to KRW 663,00,000, and reduces the cash sales amount to KRW 252,100,000, which is the difference, and then consumed KRW 252,100,000, out of the oil prices received in cash at that time for private use, such as living expenses.
The Defendant, including that, from around that time to August 31, 2012, embezzled total of KRW 127,355,979 by arbitrarily consuming the same method as indicated in the attached Table 1.
2. The Defendant, around June 2, 201, embezzled oil payments from customers, was transferred to the Busan bank account in the name of the Defendant at the above E business office, and deposited KRW 12,000,000 to the victim company on September 21, 201 while the Defendant was in the business custody for the victim company.