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A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
The Defendant is a person who has worked as the head of an overseas business team at the victim C, a corporation located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, from August 1, 2012 to March 15, 2018.
After joining the victim company, the Defendant used 85,243,739 won in total for personal purposes, such as private teaching institute tuition fees, raw materials purchase, duty-free shop shopping, etc., from around January 22, 2015 to around November 30, 2017, when he received two copies of the corporation card (D card, card number E, and F) for the purpose of personal use unrelated to the company’s business. On January 22, 2015, the Defendant paid 217,600 won to the Defendant’s children using the above corporation card and used 245 times in total from around that time to around November 30, 2017.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Application of the provisions of the Acts and subordinate statutes on sales of the corporation card, the subscription certificate of the International Institute of Private Teaching, the copy of the card receipt, the copy of the offset request, the copy of the retirement benefit offset statement, the copy of the credit card usage statement, the copy of the
1. The relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act, inclusive, the choice of imprisonment for a crime
1. The reasons for sentencing under Article 62 (1) of the Criminal Act shall be determined as the same as the order, considering the fact that the accused has no same criminal records and has no record of punishment heavier than the fine, and the victim has submitted an application for non-compliance with the punishment;