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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Since August 2002, the defendant has been engaged in the management and fund management of the above E company as the representative director of the victim E company located in Gunsan-si D.
On January 19, 2007, the Defendant transferred 700,000 won to the former bank account (H) in the name of the Defendant’s wife, while working in the former bank account (F) in the name of the said company, and consumed the operating funds for personal purposes, such as living expenses.
In addition, from around that time to December 28, 2012, the Defendant consumed a total of KRW 457,398,444 by the same method over 222 times, as shown in the list of crimes in the attached list.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. The total sum sheet (9 pages), and the detailed statement of embezzlement (10-37 pages of investigation records);
1. Application of Acts and subordinate statutes to specification of transactions (Investigation Records 28-331);
1. Articles 356 and 355 (1) of the Criminal Act, comprehensively including relevant Articles of the Criminal Act and the choice of punishment for the crime;
1. A suspended sentence under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing as set forth below) takes into account the following circumstances: (a) the amount of the money embezzled for the reason of sentencing and the amount of the money that did not recover from damage; (b) the victim company has been operating from 2002 to one of the defendant company; and (c) the details of the embezzlement are deemed to have been remitted from January 2007 to December 201 to the Defendant’s wife’s account due to living expenses, management expenses, etc.; and (d) the details of the embezzlement have been remitted to the Defendant’s account under the name of the Defendant’s wife by taking account of extenuating circumstances, the illegality thereof is weak; and (e) the punishment is set as set forth in the order of the sentencing guidelines