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A defendant shall be punished by imprisonment for two years.
Reasons
Criminal facts
The defendant, from October 26, 2005, has been in charge of accounting affairs of the victim D Co., Ltd. from the victim D Co., Ltd. to the extent that he had been in charge of accounting affairs of the company.
On November 30, 2005, the Defendant embezzled KRW 1,083,660 by arbitrarily consuming KRW 334,708,584 over a total of 109 times from June 14, 2012, as shown in the attached list of crimes, from the date of the transfer of KRW 1,083,660 from the above account to the bank account (F) in the name of the Defendant for the victim, while the Defendant kept a passbook of Korea Exchange Bank (Serial number:E) in the name of the said company’s office for the victim’s company.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. A complaint;
1. Application of Acts and subordinate statutes on account transactions;
1. Relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act on the choice of punishment (generally), the grounds for sentencing of sentence [Scope of recommending punishment] types 2 (not less than KRW 100,00 but less than KRW 500,00): Basic area (one to three years) [decision of sentence]: Imprisonment for two years, the number of damages for two years, and the period of imprisonment for committing this case’s crime.
Although part of the amount of damage was paid to the damaged company through the identity guarantee insurance, the defendant did not recover the damage, and the amount of damage which has not been recovered is reasonable.
However, the fact that the defendant is against the defendant, appears to have reached the crime of this case due to living difficulties, and that the defendant is the first offender who has no record of criminal punishment, etc. shall be considered as favorable circumstances, and the punishment was determined by considering all the sentencing conditions, including the defendant's age, character and conduct, environment, and circumstances after the crime.