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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
From around 206 to January 2019, the Defendant, as an executive officer of the “C Association”, the victim B’s representative, was engaged in the business of managing accounts during the conference. From September 2017, the Defendant was entrusted with the sale and purchase of the land E in Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, the headquarters during the above conference, and 320 square meters of land and 157.36 square meters of buildings owned by the Defendant.
On June 20, 2018, the Defendant entered into a sales contract for the said site and building with the purchaser H, and took over KRW 27,000,000 from H to the post office account (number: I) in the name of the said Association during the period in which H made a transfer of KRW 243,00,000 to the post office account (number: I) around August 16, 2018, and took over KRW 243,00,000 for the victim during his/her business custody on or around August 16, 2018, withdrawn the said remaining amount on or around August 16, 2018, and consumed the said remaining amount for personal use for two occasions in total, including by withdrawing KRW 24,570,00 on or around October 8, 2018, and then withdrawing KRW 267,570,000 for futures option investment.
Accordingly, the defendant embezzleds the property of the victim who has been in custody of business.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement to J;
1. A complaint;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. In full view of all the circumstances indicated in the record of the instant case, such as the pertinent Article of the Criminal Act and Articles 356(1) and 355(1) of the Criminal Act regarding criminal facts, the reasons for sentencing of imprisonment option, and the age, character and conduct, environment of the Defendant, motive and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.
Unfavorable circumstances: The amount of damage is KRW 267 million and approximately KRW 100 million and the damage has not yet been substantially recovered, the favorable circumstances are reflected in recognizing the crime, and some damage has been recovered.