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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
The Defendant, from October 27, 2009 to April 1, 2018, served as the director in charge of accounting at the Seoul Yeongdeungpo-gu building and the victim D association in subparagraph B and C, and has been engaged in the accounting and accounting affairs of the above union.
The Defendant embezzled funds deposited in the E bank account (F and G) in the name of the victim in the above office on behalf of the victim on September 7, 2015, by remitting KRW 2,019,961 to the H bank account (I) of the Defendant on September 7, 2015, and purchasing stocks.
In addition, during the period from around that time to March 28, 2018, the Defendant embezzled total of KRW 2,813,027,411 on 64 occasions, such as the list of crimes in the attached list of crimes, and embezzled by arbitrarily using them, such as purchasing stocks, by remitting total of KRW 2,813,027,41 to the accounts of the Defendant and the Defendant
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to K in the police statement;
1. A statement of transactions by account, a copy of a report on trading of L stock accounts and a certificate of transaction under the name of a suspect, a statement of transaction in the name of M account under the J, and a statement of transaction in the E bank account under the name of a suspect (one copy twice a year, 2, 10, 12, 14, 18, 20);
1. Application of each investigation report (referring to the filing of details of transactions in the H bank account in the name of a witness N, telephone conversations, and H bank account in the name of a suspect, and specification of the amount of damage) (referring to the net time 15,25
1. Grounds for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the relevant crime;
1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 30 years;
2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the punishment on embezzlement and breach of trust (the amount between 50 million and 50 billion won) [the scope of the recommended area and the scope of the punishment] basic area, three to five years of imprisonment (the correction by the lower limit of the punishment in law).
3. Determination of sentence: Imprisonment with labor for three years for the defendant, as a director in charge of accounting of the victim, has neglected his duty to loyalty to the company and used the company's public funds for personal purposes, such as investment in stocks.
The crime of this case is about 2 years.