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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant entered C Co., Ltd. around December 19, 2005 and was in charge of the operation of rap from January 1, 2010 to January 21, 2014.
On March 20, 2007, the Defendant had occupational duties to operate the assets entrusted through the investment discretionary account by Korea Post on March 20, 2007, and on October 8, 2010, in charge of the opening and operation of each entrusted investment discretionary account by the victim Ministry of Land, Infrastructure and Transport.
Nevertheless, the Defendant, in breach of the above duties, committed an intermediate profit-making by using the fact that the investment and management of assets entrusted by Korea Post and the Ministry of Land, Infrastructure and Transport is entirely entrusted to the Defendant.
Therefore, on October 21, 2011, the Defendant: (a) transferred the D Building in Yeongdeungpo-gu Seoul Metropolitan Government, the purchase price of which was KRW 281,705,096 on June 14, 201 to the Investment Discretion Account of Korea was KRW 281,705,096 (CP, face value 300 million, and yield 4.86%) to the Victim’s Investment Deposit Account in the Ministry of Land, Infrastructure and Transport for KRW 286,858,028; and (b) transferred the said fccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccccing to KRW;
As a result, the Defendant violated his duties, thereby acquiring property benefits equivalent to KRW 116,879,671 through E’s account in violation of his duties, and caused property damage equivalent to KRW 116,679,945 to the Ministry of Land, Infrastructure and Transport.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement-related Acts and subordinate statutes to F;
1. Articles 356 and 355 (2) of the Criminal Act applicable to the facts constituting an offense;
1. The defendant under Article 62 (1) of the Criminal Act of the suspended execution;