Defendant shall be punished by imprisonment for a term of one year and two months.
Punishment of the crime
The Defendant, as the head of E operated by the victim D in Gwangju Northern-gu from February 2008 to February 18, 2013, was delegated by the victim and was in charge of overall business affairs of the company, such as business and fund management, among the heads of E operated by the victim D in Gwangju North-gu, with the same trade name as the name of E, and then embezzled funds by means of business registration and opening an account with the same trade name as that of E, reporting business registration number and change of account, and receiving transfer money to the changed account.
On March 15, 2012, the Defendant transferred KRW 6,160,000 from the factory of E, as the price for painting work, and was kept in custody for the victim. At that time, the Defendant spent KRW 5,550,000 for E and consumed the remainder of KRW 660,000 for personal debt repayment, etc.
In addition, the Defendant consumed the total amount of KRW 230,818,321 on 42 occasions, as shown in the separate sheet of crime, between April 19, 2010 and January 31, 2013.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. The part concerning each statement of the defendant and D among the interrogation protocol of the defendant by the prosecution against the defendant
1. Application of Acts and subordinate statutes to a copy of a business registration certificate (D), copy of each notarial deed, copy of each notarial deed, copy of an application for transfer of settlement funds, copy of the subcontractor's status list, business registration certificate (A), copy of a general taxable person's value-added tax return (2010 - 1 - 2012), general taxable person's value-added tax return (2012 ), national bank account statement, transaction statement, transaction statement (A), transaction statement (A), transaction statement (AA), transaction statement (BD), and transaction statement data;
1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] type 2 (not less than KRW 100,00 but less than KRW 500).