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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. On September 27, 2012, the Defendant, on November 30, 2012, worked as the vice head of the business division of the victim C, Inc., Ltd., in the period from June 1, 2012 to December 12, 2012, while engaging in goods transaction and credit payment.
On September 27, 2012, the Defendant voluntarily consumed the amount of KRW 19,059,510 of credit sales at Suwon-si E located in Suwon-si for the purpose of personal debt repayment, etc.
From that time until November 26, 2012, the Defendant arbitrarily consumed a total of KRW 128,603,625 by the aforementioned methods, as shown in the attached Table 1, as between November 26, 2012, and embezzled it for business purposes.
2. On May 21, 2013, the Defendant, on June 27, 2013, served as the business vice head of the said victim D during the period from April 1, 2013 to June 25, 2013, engaging in goods transaction and credit payment.
On May 21, 2013, the Defendant collected the credit sales amount of KRW 3,738,660 from “H restaurant” located in Eunpyeong-gu Seoul Metropolitan Government 1st floor, and stored it for the victim. At that time, the Defendant arbitrarily consumed the Defendant’s personal debt repayment, etc.
From that time until June 27, 2013, the Defendant arbitrarily consumed a total of KRW 39,122,346 by the aforementioned methods, as shown in the attached Table 2 of Crimes List 2, and embezzled it in the course of business.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. A report on investigation;
1. Application of Acts and subordinate statutes to the current status of use, statement of redemption, and account receivable current account sales by customer of each business entity, statement of payment, statement of payment, and promissory note;
1. Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment with labor, and the applicable Articles of the Criminal Act concerning the crime;
1. Of concurrent crimes, the criminal defendant's embezzlement for the reasons of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is large.