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A defendant shall be punished by imprisonment for not less than five 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
【Criminal Power】 On December 19, 2013, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Ulsan District Court, and the judgment became final and conclusive on March 22, 2014.
【Criminal Facts】 The Defendant, as an oil-transport tank engineer, has transported oil from May 201 to the customer of the victim, who is a petroleum importer in the second floor of the Dong-gu, Busan Metropolitan City, the second floor of the C building, from May 201.
On September 201, 201, the Defendant stated that “The Defendant shall purchase the vehicle transit to the victim company at low cost through the next passage of the vehicle transit” to E operating the victim company in the Seocho-gu Office, and purchased the light transit from a seller of non-dataless light oil from E, and directly or through F, a tank engineer, transported the light transit to the customer of the victim company, and received the transport expenses.
On November 17, 2011, the Defendant arbitrarily consumed and embezzled KRW 4,600,000, while keeping KRW 29,600,000 in custody of the victim company, which was returned from the F, for the sake of the victim company, from that time, the Defendant embezzled KRW 13,20,000, total amount of money owned by the victim company four times in total, from that time until December 29 of the same month, as shown in [Attachment Table Nos. 2 through 5].
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A protocol concerning the examination of the accused by the prosecution (including part concerning the F statement);
1. A criminal investigation report (report on the filing of a statement of accounts of the accused), investigation report (the details of remittance of the G account), each investigation report (the details of Defendant H account), the details of the IF Account, investigation report (report on the details received as a transit payment by the J), investigation report (report on the account transfer by the FF agricultural cooperatives and new banks), investigation report (report on the analysis of the accounts of the FF agricultural cooperatives and new banks), investigation report (report on the analysis of the accounts of the FF agricultural cooperatives and new banks), investigation report (the results of the Defendant management account, G, and F account tracking),
1. A previous conviction in judgment: