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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On January 22, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Busan District Court's Dong Branch branch branch branch on January 2, 2016, and the judgment was dismissed and dismissed in turn, and it became final and conclusive on October 13, 2016.
Criminal facts
On February 4, 2008, the Defendant, as the representative director of D Co., Ltd. established for the purpose of real estate sale and lease business, has overall control over all the business of the company including financial affairs, and on June 28, 201, as the representative director of F Co., Ltd. located in Busan Southern-gu E Co., Ltd. established for the purpose of educational service business, who has overall control over all the business of the company, such as financial affairs, etc., and used the corporate account of each of the above companies
1. On December 24, 2014, the Defendant: (a) withdrawn KRW 4,000,000 from the victim’s corporate account that had been kept in custody in his/her business from the victim’s corporate account located in his/her office located in Nam-gu Busan metropolitan store G201; and (b) embezzled for personal use by consuming the amount for his/her own salary.
2. Around January 21, 2015, the Defendant withdrawn KRW 3,500,000 from the victim’s corporate account that was kept in custody in the course of business at the same place as above, as his/her own salary, and embezzled by consuming it for personal purposes.
3. Around January 22, 2015, the Defendant pretended to pay H and sales commission at the above place, and embezzled KRW 15 million from the victim’s corporate account to H inasmuch as he/she would have paid H the sales commission.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement to I;
1. A previous conviction: Three copies of inquiry about criminal history and written judgment [the defendant's side was punished for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) for which the judgment became final and conclusive, and the facts charged in this case and the judgment became final and conclusive.