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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who served as a contractual worker in Korea Exchange Bank C from August 2004 to August 2005 and was in charge of receiving public charges.
1. Around July 15, 2005, in the above-mentioned C in Ulsan-gu, Ulsan-gu, a business entity: (a) collected global income tax of KRW 44,902,220 paid by E as an individual business entity; (b) it is not deposited in the victim bank; and (c) it is used for personal purposes for investment in futures options at will at that time;
2. On July 18, 2005, in the above C, while keeping in custody 58,322,920 won a sum of the anchorages and vessel entry and departure fees paid by Ulsan Mar. 18, 2005, the shipping agency is not deposited in the victim bank, but used arbitrarily for the personal purpose of investing in futures options at that time;
3. On July 19, 2005, in the above C, the sum of 32,321,500 won and the ship entry and departure fees paid by Amsung Co., Ltd., a shipping agent, was kept in business, and then embezzled the sum of 135,546,640 won and the amount of the victim bank’s money for personal purposes of investment in futures option at that time.
Summary of Evidence
1. Defendant's legal statement;
1. F's statement of the police;
1. A complaint;
1. Application of Acts and subordinate statutes on deposit slips, etc., receipt, statement of payment, and receipt and disbursement notes;
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. Reasons for the sentencing of Article 62(1) of the Criminal Act (the decision of a suspended sentence) is more than 10 million won and less than 50 million won - where mitigation element of punishment is less than 6 months and where significant damage is recovered [the scope of recommending punishment] - 6 months and 2 years [the decision of a suspended sentence] unfavorable circumstances: The crime of embezzlement of money for stock transaction, etc. is not less less than 130 million won and embezzlement amount is less than 15 million won.