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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant worked as an employee from May 12, 201 to April 2, 2014 at the damage company D, located in Yeongdeungpo-gu Seoul Metropolitan Government, and was in charge of fund management at the financial team.
1. Around September 30, 2011, the Defendant: (a) received KRW 2,138,400, which was collected from the employees of the business team from the business team in the office of the said D Co., Ltd.; (b) and kept for the victimized company, the Defendant used the amount of KRW 323,77,514 in total on 25 occasions, as indicated in the separate crime list, from that time until December 11, 2013.
Accordingly, the Defendant embezzled KRW 323,777,514 in the course of business.
2. On October 21, 201, the Defendant forged a private document, or uttering of a private document, at a branch office in the U.S. branch office in the U.S. branch office in the U.S. bank, to withdraw money from the account of the said D Co., Ltd. and to use it for personal purposes, without authority, stated the account number in the withdrawal application form in the name of the said D Co., Ltd., and stated “4,670,600 won” in the amount column, and “D” in the name column of the applicant for the withdrawal, and then affixed the employee seal of the said D Co., Ltd. to the above bank name and submitted the application for withdrawal to the non-indicted employee
As a result, the Defendant forged a letter of withdrawal application in the name of D Co., Ltd., which is a private document on rights and obligations, and exercised it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Copies of lost household checks and promissory notes; and
1. Details of the original payment of one million won in bills;
1. Application of Acts and subordinate statutes to the complainants who indicate the details of the bankbooks and the applications for admission and withdrawal;
1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning facts constituting an offense, and Articles 231 and 234 of the Criminal Act;
1. Article 37 of the Criminal Code among concurrent crimes.