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A defendant shall be punished by imprisonment for a term of one year and two 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
1. The Defendant, a business embezzlement from January 2, 2012 to March 31, 2014, was engaged in the business of wholesale and retailing and collecting medical appliances against the victim B, Busan, Inc., the Busan, Inc., a corporation selling medical appliances, as a part of its staff.
On July 30, 2013, the Defendant supplied three doctors for dental use to D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D DD, and deposited the sales amount of KRW 32.1 million on August 14, 2013, as the Defendant’s wife’s new bank account in the name of E B, and embezzled by consuming it for personal purposes, such as stock investment, etc. at that time.
From around that time to April 30, 2014, the Defendant collected total of KRW 344,668,750 from six companies, such as the list of crimes in the attached Table, and deposited KRW 74,859,00 in the victim company and embezzled total of KRW 276,809,750.
2. On May 2013, the Defendant made a false statement that “The Handbs and Handbs in the company’s custody of the F company will change 30 handbs in the F company” to the first vice head of the victim B’s office located in the sixth floor of the H building in Busan Dong-gu, Busan.
However, the FF company is not a real business entity, but a company established by lending the Defendant’s wife name for the collection of money, and the Defendant did not intend to sell handbags supplied as above to deposit the price with the victim company.
The Defendant, as such, by deceiving I as such, received 30 handbs in an amount equivalent to 16.5 million won at the market price in the same place from I.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement made to J and K;
1. Application of Acts and subordinate statutes to a complaint, a contract for the supply and installation of goods, a specification of transactions, a sales contract, and a criminal investigation report (L telephone hearing and statement hearing, a contract for the supply of goods,
1. Relevant provisions concerning facts constituting an offense;