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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
From May 2012 to December 2014, the Defendant: (a) was a member of the victimized Company D, a company in Eunpyeong-gu Seoul, and engaged in the business of managing and collecting customers of the said company; and (b) was required to pay money for living expenses or personal loans; (c) was used for personal purposes without depositing the money received from the customer to the victim company; or (d) was used for personal purposes without depositing the money received from the customer; or (e) made a false statement as if the customer requires a loan from the customer, and acquired money from the victimized company.
1. Around February 2013, the Defendant collected KRW 1,100,000 from G operated by F, a customer in Seodaemun-gu Seoul, Seoul, and consumed KRW 1,100,00 for personal purposes, such as living expenses, in mind, from the place of the business for the said company at the time of the occupational storage of the said company, and from February 2013 to October 2014, the J operated by P, a customer in the Eunpyeong-gu Seoul, the Defendant spent KRW 1,925,00,00 in total, among the amounts that the damaged company borrowed and repaid to I, from February 2013 to October 2014, the Defendant consumed KRW 8,150,00 in total for the said company for personal purposes, such as living expenses, in mind, from around that time to February 2013 to December 2, 2014, and consumed KRW 3,660,000,00,00 as shown in attached Table (1).
Accordingly, the Defendant embezzled the property of the victimized company.
2. On March 8, 2013, even though the fact at the headquarters of the victimized company located in Eunpyeong-gu Seoul Metropolitan Government, the Defendant did not have applied for a loan to the victimized company by L, which is the customer located in K in Eunpyeong-gu, Seoul, notwithstanding the fact, the Defendant made a false statement as if he/she applied for a loan to the victimized company, and the Defendant received 4 million won as a loan from the victimized company for the same customer on the same day, and between June 201 and November 2014, the Defendant was at the victimized company’s headquarters.