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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2018 Highest 455] The Defendant served as an employee of D, a U.S. branch of the victim C, from February 2016 to November 17, 2016, and worked as the head of the U.S. branch from May 2016 to the head of the U.S. branch, and has overall control over the affairs of the legal entity, such as the management of funds and employees of the U.S. branch.
1. The Defendant, who received USD 50,000 ($ 55,00,000) monthly remittance from the injured party as U.S. branch’s U.S. branch, and kept it for business purposes, used USD 335.81 ($ 383,000) from F in Seocho-gu Seoul, Seoul at around April 5, 2016 for the Defendant’s personal vehicle repair expenses, and embezzled the Defendant for personal purposes in total over 156 times from April 5, 2016 to December 2, 2016, including USD 1,05,424.95 ($ 234,84,586).
2. The Defendant, who attempted to commit occupational breach of trust, was in a position to exercise overall control over the business affairs of D, a U.S. branch of the victimized person, such as management of funds, and thus, the Defendant had a duty to manage the company funds as a good manager so that
Nevertheless, on November 3, 2016, the Defendant issued D’s check ( check number: G) in the name of the Defendant, whose amount paid as the Defendant’s retirement allowance is USD 7,500, at a place in California or below the State of California, without consultation with the victim, and around November 4, 2016, presented the check to the City Bank located in the State of California or below the State of California, and attempted to obtain property benefits equivalent to USD 7,500 and to inflict property damage equivalent to the same amount on the victim, but did not bring about the victim’s refusal to pay for reasons of shortage of balance and did not bring about such intent. From October 22, 2016 to November 15, 2016, the Defendant issued the check in the name of USD 7,500 and issued the check in the name of KRW 62,56,637,7125,737.27.37.