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(영문) 서울동부지방법원 2017.11.02 2017고단651
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 2012 to November 24, 2016, the Defendant worked as the head of the management team in Gwangjin-gu Seoul Special Metropolitan City D'E 4th floor operated by the victim C from around June 2012 to around November 24, 2016, and was engaged in the business of joining members, selling management, and employee management.

On January 2, 2015, the Defendant: (a) prepared an application for membership of F and Fgetable members at the above E Fgetable Center; and (b) received KRW 190,000 as a member’s right, the Defendant spent the said amount for personal purposes around that time while keeping it in the account of the said victim’s name or receiving it in cash in the account of the said victim’s name, although it is required to deposit it in the account of the said victim’s name or deposit it into the account of the victim’s right to use.

In addition, the Defendant, from December 2, 2014 to November 24, 2016, received and retained the total of KRW 122,246,00 by the same method 704 times, excluding Nos. 94, 185, 336, 265, 394, and 412, among the list of crimes in the attached list of crimes, and then embezzled for personal use around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of G and H;

1. Application of the Act and subordinate statutes on transactions in our banks and daily revenue statements;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The criminal period of sentencing under Article 62-2 of the Social Service Order Criminal Act is long, and the amount of damage is considerably high.

There was no agreement with the victim.

However, it is against the defendant, and it is the first offense.

The victim paid KRW 35 million to the victim.

In addition, the defendant's age, sex, environment, circumstances after the crime, etc. shall be determined as per the disposition.

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