From around 2004, the Defendant, a selling company of lubric oil in Ansan-si, has been engaged in the sales and collection of goods of the victimized company as a member of the injured company D.

On September 24, 2009, the Defendant embezzled the damaged company’s property by using 105,641,000 won via the same method over 306 times from around that time as indicated in the attached crime list between around 201 and May 2012, when the victimized company received 50,000 won from E, a customer of the victimized company, as the lubrication price, for personal purposes, such as the purchase cost of sports earth lottery tickets, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of each account statement and the Acts and subordinate statutes of the Director of the Bank of Korea;

1. Article 356 and Article 355(1) of the Criminal Act regarding criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the selection of punishment, the Defendant again committed embezzlement even if he/she received a letter after being discovered of embezzlement, and the amount of damage in this case also exceeds KRW 100 million.

Nevertheless, the defendant did not yet agree with the victimized company, and rather, after the victimized company retired, the victimized company works for the same kind of company as the victimized company and then causes damage to the victimized company.

In consideration of these circumstances, the sentence shall be imposed on the defendant, and if the defendant has paid the damaged company or has offset the amount of retirement pay and the amount of wages to be paid by the victimized company, the sentence shall be determined like the order.