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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
The Defendant has been engaged in the delivery and collection of the company’s pension as the secondary business head of Jongno-gu Seoul Jongno-gu Co., Ltd. from February 18, 2014 to November 9, 2014.
On June 7, 2014, the Defendant used KRW 350,000 for personal purposes, such as paying delinquent taxes, while receiving KRW 350,000 from D, a business partner, to the account in the name of the Defendant, at a place below Daejeon.
In addition, the Defendant, from around that time to October 31, 2014, embezzled total of KRW 32,276,776 by the aforementioned methods 24 times, such as the list of crimes in the annexed list.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to file a complaint, each written confirmation, each written notice of calculation of individual pension and insurance, such as the details of calculation of individual pension and insurance, the commissioner of a customer bank, etc.;
1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Reasons for sentencing selecting a sentence of imprisonment with prison labor [Scope of Recommendation]: The basic area (4 months to one year and four months of imprisonment) (no person subject to special punishment]: [Determination of sentence] In light of the mode of the instant crime, method and amount of damage, etc., the nature of the relevant crime is grave, and the fact that no agreement has been reached with the victim is disadvantageous to the defendant;
On the other hand, the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment due to the same crime is favorable to the defendant.
In this context, all the sentencing conditions, including the circumstances after the crime, age, occupation, character and conduct, environment, etc., shall be comprehensively considered, and the punishment shall be determined as ordered in consideration of the recommended sentences according to the sentencing guidelines of the Supreme Court.