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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person in charge of the victim D’s construction work-related work performed by C from May 2013 to May 2014.
The Defendant was managed by C on January 29, 2014 by the Defendant.
D The corporate bank account (Account Number: E) in the name of the F, was received and kept in custody of KRW 291,498,000 in the name of the F.
While the Defendant kept the above money for the victim, on February 3, 2014, transferred the amount equivalent to KRW 47,760,959 from the above corporate bank account under the Defendant’s name to the account (Account Number: G) and then used KRW 2,596,000 in the name of personal patent-related expenses on February 7, 2014, as well as using KRW 2,596,00 in the name of personal patent expenses, from that time until March 23, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the electronic tax invoice (netly 18), the account statement in the name of the defendant, the account statement in the name of the defendant's wife H, and the investigation report (specific circumstances of the amount of damage) Acts and subordinate statutes;
1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Class 1 (100 million won or less) of Article 62(1) of the Criminal Act [Article 62(1) of the Act on the Suspension of Execution] (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 100 million won or less)] The amount of damage is not much weighted, the defendant