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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 17, 2013, the Defendant was sentenced to a suspended sentence of one year and six months for violating the Public Official Election Act at the Daejeon High Court on July 17, 2013, and the said judgment became final and conclusive on March 13, 2014.
The Defendant, from November 1, 2002, has been operating the victim E limited partnership company (hereinafter referred to as the “victim Company”) located in Yeongdeungpo-gu, Seo-gu, Seo-gu and has been engaged in the management of the property of the victim company.
While the Defendant kept the above company’s funds for business purposes, he thought to use the company’s funds for personal purposes unrelated to the above company, and withdrawal of KRW 9 million from the foreign exchange bank’s office located in the Cheongju-si Port on June 8, 201 to the account of the above company’s nominal foreign exchange bank at around 9 million won, and used them for personal purposes, such as living fees, in mind at around 100 won in Cheongju-si.
From around that time to September 17, 2012, the Defendant embezzled the company’s property by withdrawing the total amount of KRW 112,700,000 from the victim company’s funds deposited in the foreign exchange bank account in the name of the victim company through the aforementioned method six times, such as the list of crimes, and by consuming them for personal purposes.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Account details (No. 3 No. 5 of the evidence list), and a copy of the register E of the limited partnership company;
1. Previous convictions: Application of Acts and subordinate statutes of the summary agreement of the case (No. 55 No. 55 of the evidence list) and the judgment (No. 56 of the evidence list);
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.