A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 4, 2016, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Ulsan District Court on February 4, 2016, and the judgment became final and conclusive on February 11, 2016.

The Defendant is a person who served as the head of the business division of the victim B from January 1, 2007 to October 31, 2015, and was in charge of transaction and payment with the supplier of scrap metal that is the customer of the victim company.

On October 25, 2014, the Defendant received a refund of KRW 10 million (the amount obtained by deducting the scrap metal actually supplied by the customer from the scrap metal paid by the victim company to the customer) from the customer C, the customer, and embezzled the amount of KRW 148,33,930 in total on 12 occasions from October 25, 2015, when receiving the refund from the victim company to the agricultural bank account in the name of the Defendant, which is not the victim company’s account, and used it for personal purposes, such as children study expenses and installment savings, etc. at around that time, while keeping the victim company for its business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Account transactions;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 12) Acts and subordinate statutes;

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. 경합범처리 형법 제 37조 후 단, 제 39조 제 1 항 [ 양형이 유] 양형기준 : 징역 1년 ~3 년 ☞ 횡령 2 유형 (1 억 원 이상 5억 원 미만) 기본영역 횡령규모, 피해 미회복 등을 고려하되, 판시 확정된 판결과 함께 선고 받을 수 있었던 점, 그 밖에 기록과 변론에 나타난 범행 경위, 반성태도 등 여러 정상을 참작하여 양형기준 범위 내에서 주문과 같이 형을 정함