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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
From July 16, 2014, the Defendant, as the head of the management team of the victim D Co., Ltd. (hereinafter referred to as the “victim Co., Ltd.”) that is a corporation for the purpose of the building facility management business, etc. located in the Dong-gu Busan Metropolitan City from July 16, 2014, has been engaged in overall
On November 28, 2014, around 09:35, the Defendant transferred KRW 60,000,000, which is the funds of the victim company deposited in the account of the Industrial Bank (E) in the name of the victim company, at the Busan Central dong-dong Busan Central 44-1 Busan Central Do, to the account of the Industrial Bank (E), which is the fund management account in the name of the victim company, for the victim company, and used both for personal purposes such as Internet gambling funds.
From November 28, 2014 to January 9, 2015, the Defendant consumed the total of KRW 909,209,832 by the same method 14 times, as shown in the annexed crime sight table.
Accordingly, the Defendant embezzled the property of the victim company.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The police statement concerning G;
1. Each police investigation report [the confirmation of accounts in the name of a suspect (the detailed information on accounts, etc., accompanying details of accounts in the name of the suspect, the Industrial Bank in the name of the suspect, and the community credit cooperative), the general (Attachment of Certificate of Re-issuance), the confirmation of changes in the amount, and the confirmation of deposits
1. Application of the Acts and subordinate statutes to accusation reports, etc.;
1. Grounds for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the relevant crime;
1. The scope of applicable sentences by law: Imprisonment for not less than three years;
2. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of punishment for embezzlement and breach of trust shall be limited to types 3 (at least 500 million won but less than 5 billion won) [Special Convict] where the method of punishment is extremely poor (aggravated factor, actr), the mitigation factor of self-denunciation, and the offender.