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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is an employee of the Victim B (hereinafter referred to as “victim Company”) and is a person who has a moium colum in the course of business owned by the Victim Company in Taejin Steel Co., Ltd. and Jinjin Steel Co., Ltd.
1. On January 19, 2014, the Defendant: (a) on January 19, 2014, on the part of the Defendant: (b) on January 19, 2014, disposed of the said amount of KRW 3,960,00,000, at its own market price equivalent to KRW 5,641,670, and KRW 8,647,80, and KRW 14,289,470, in total, at the victim’s own market price owned by the Defendant; and (c) around that time, the Defendant disposed of the said amount of KRW 3,960,00,00, to D, who carried on personal property on the part of Gangseo Steel Co., Ltd.
2. On January 24, 2014, the Defendant: (a) on January 24, 2014, on the part of the Defendant: (b) kept three 12,971,700 won at the market price owned by the victim of the Steel Co., Ltd., Ltd.; and (c) arbitrarily disposed of the above 12,940,000 won at around that time to D, who carried on the property in Gangseo-gu Busan Metropolitan Government C.
3. On February 17, 2014, the Defendant: (a) on February 17, 2014, kept two barium 11,283,340 won at the market price owned by the victim company of Taejin Steel Co., Ltd.; and (b) around that time, disposed of the above barium 2,838,00 won at his own discretion against D, who carried on the solid property in Gangseo-gu Busan Metropolitan Government C.
4. In conclusion, the Defendant embezzled the amount equivalent to KRW 38,544,510 at the market price of moium owned by the victim, which is in business custody three times from January 19, 2014 to February 17, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police interrogation protocol against the accused;
1. Each police statement of E and D;
1. A certified copy of the corporate registry, and each copy of employment certificate;
1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment, etc. of a written statement);
1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;
1. The defendant's reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes