Text
A defendant shall be punished by imprisonment for six months.
However, 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 was a person who operated an entertainment drinking house under the trade name of "D" in the area of Seongbuk-gu, Sungnam-si, and received a request from the victim E, a social ship, to create and lend a passbook, and on February 27, 2014, one bank account (Account Number F) was opened in the name of the Defendant at the outside station of one bank located in Seongbuk-gu, Sungnam-si, Sungnam-si, and it was difficult for the Defendant to lend the passbook and the check card to the victim.
On March 13, 2014, the Defendant: (a) at the outside station of one bank located in Seongbuk-gu, Sungnam-si; (b) at the outside station of one bank located in Sungnam-si; (c) at his own discretion to use funds deposited in the said account; (d) reported the loss of the said account to the said one bank account; and (e) received the reissuance of the passbook by reporting the loss of the said account from the victim; (c) from 13:07 to 13:42 on the same day, the Defendant transferred KRW 60 million from the said account to the company bank account in the name of the Defendant; (d) withdrawn KRW 27 million in cash to use the Defendant’s personal debt repayment and living expenses.
Accordingly, the Defendant embezzled money of KRW 87.7 million owned by the victim at will.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. A copy of seized articles;
1. Application of Acts and subordinate statutes concerning specification of transactions;
1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 355 (1) of the choice of punishment (generally, choice of imprisonment);
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act is not good, but it shall be taken into consideration that the defendant has agreed with the victim in the course of the instant case only smoothly and that
1. Social service order under Article 62-2 of the Criminal Act;