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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
From March 2004, the Defendant, as the representative director of the Dispute Settlement Bank Co., Ltd. (hereinafter referred to as the “C”), has overall control over the management of C’s funds, business, etc., and has been in the custody of C’s funds in Gangnam-gu Seoul Metropolitan Government Office in business:
1. On May 18, 2007, a company’s funds amounting to three million won for E’s benefits, other than C’s employee, from that time to April 15, 2008, from that time, a total of 37,537,350 won of the company’s funds was remitted to E’s bank account under the pretext of E’s benefits, as shown in the List of Crimes (1) up to April 15, 2008; and
2. On October 30, 2006, purchased under the name of the defendant and used by the defendant's wife F to pay the installment of the mixed CR-V vehicle (G) vehicle (G) from the time to November 26, 2008, including the remittance of KRW 1 million to the new bank account in the name of the defendant, and then, from that time, until November 26, 2008, a total of KRW 27,373,837 of the company's funds was remitted to the above account and paid the installment of the above vehicle as an occupational embezzlement;
3. From the end of January 2013, the Defendant, who is not an employee of C and does not have any record of performing C’s work, remitted KRW 600,000 to the account of H’s bank account in the name of H’s H’s benefit, and from that time, from the end of August of the same month, remitted the total amount of KRW 6,812,160 of the Company’s funds to eight times in total, such as the previous list of crimes (3) to the end of August of the same month;
4. Around March 30, 2012, a company’s funds amounting to KRW 1.1 million in the name of a national bank account, other than C’s employee, was remitted from that time to December 31, 201 of the same year, from that time to December 31 of the same year, and remitted total of KRW 17,200,000 to that of the above account, such as in the list of crimes (4) in attached Form 11, and embezzled it for business purposes, thereby embezzlement total of KRW 88,923,347.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness J, K, L and M;
1. The defendant;