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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On January 9, 2013, the Defendant entered each of the contents into a “E”, “E”, “29,500,000 won”, “G”, “G name of bank name,” and “Account Number H” in the victim’s office located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and submitted each of them to the employees in charge of the victim’s company.
However, it is true that the defendant received the purchase price from the victim in the name of Tong-gu G and planned to arbitrarily consume the purchase price for personal purposes, such as debt repayment and gambling, but did not intend to pay the purchase price to E in a normal manner.
Nevertheless, the defendant deceivings the victim as above, and thereby, he acquired 29,500,000 won from the victim's account in the G name.
2. The Defendant, a business embezzlement, from August 201 to February 2013, was engaged in the sales and collection of used cars as a business employee of the victim D Co., Ltd.
On February 1, 2013 and on the 2th day of the same month, the Defendant transferred KRW 50,200,000 from J to the account under the name of the Defendant’s name as the sales proceeds of the IW car at an irregular place and embezzled the victim’s property by arbitrarily consuming it for personal purposes, such as repayment of debt and gambling funds.
3. On September 20, 2012, the Defendant illegally used the said car for personal purposes, such as commuting to and from work, and operated a distance of approximately 2,000km from the victim M to February 14, 2012 at L Hospital located in Gangnam-gu Seoul, Gangnam-gu, Seoul. The Defendant used the said car from December 29, 2012 to February 14, 2013.
Accordingly, the defendant is the victim without the consent of the victim.