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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant worked as a person in charge of financial management of victim D Co., Ltd., Ltd., Ltd., located in Osan City from February 2, 2010 to April 25, 2012, and was in charge of the deposit and withdrawal of the said company’s account and the representative director E’s account.
Around February 26, 2010, the Defendant, at the above office of the company located in Osan-si, Inc., stated the amount of KRW 200,500 as “expenses” in the face column of the above company’s name bank account to E, and subsequently embezzled the said amount by again remitting it to the Defendant’s name bank account. In addition, as indicated in the attached Table 1-53, 55, 57-60, 62, 64, 65, 67-64, 67-94, 96-13, 137, 142-144, from that time to April 13, 2012, entered KRW 160 in the company’s name to the name of the representative director of the company’s bank account in the name of the above company to the Nong bank account in the name of the Defendant’s name of the representative director, or transferred it to the Defendant’s name bank account or the account again to the Defendant’s name of the above company account in the name of 15.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A detailed statement of transactions of ordinary deposits (E personal passbook- NonghyupF);
1. Application of Acts and subordinate statutes concerning financial transactions (A national G);
1. Relevant Articles of the Criminal Act and the choice of punishment concerning facts constituting a crime: The defendant's assertion and judgment on Articles 356 and 355 (1) of the Criminal Act (generally, the choice of imprisonment)
1. The Defendant asserts that: (a) [Attachment 29] Nos. 29 of the crime sight table, the Defendant sent the said money in cash to the viewing and viewing officials under E’s instruction.
However, according to the investigated evidence, the defendant withdrawn 200,000 won after the deposit of the above money, and 50,000 won was used in the physical card settlement, and 50,000 won was H's.