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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The relationship between the Defendant and the victim C and the victim C are persons operating the “Emart” on the first floor of the D Building in Ansan-si from July 2012 to December 2012, 2012, and the “Gmart” located in the Sincheon-gu F from December 2012 to May 2013. The Defendant, while holding office as the head of the management department of the said Emart, has overall control over sales and employees, customers, business, receipts and disbursements of store goods, and settlement of prices.
On the other hand, the defendant has taken overall charge of the receipt and disbursement of the business of the customer and the store goods in the Mart, and in the light of the fact that the victim was unable to understand specific duties because he did not reside in the Mart, he has tried to embezzled the Mart funds of the victim and to defraud money by deceiving the victim.
Criminal facts
1. On August 27, 2012, the Defendant: (a) was in charge of the receipt and disbursement of store goods and payment; and (b) was in charge of the management of the bank account and the company bank account under the victim’s name; and (c) was in charge of the management of the said marina funds for the victim’s business; (b) was in charge of the management of the said funds for the victim; (c) had the accounting staff H, who is aware of the fact, remit the said funds from the said new bank account under the victim’s name to the new bank account under the name of the Defendant’s branch for the price of the goods; and (d) used them for personal use, such as living expenses, in cash from I to the new bank account under the victim’s name.
In addition, from around that time to December 5, 2012, the Defendant had H transfer a total of KRW 122,519,195 by the same method over 25 times, such as the list of crimes (1) in attached Form 1, to the account designated by the Defendant as the price for the goods, and used it in cash or by transferring it to the Defendant’s account.
Accordingly, the defendant embezzled the victim's property.
2. Fraud;
A. The Defendant shall acquire the acquisition price of “Gmate” on December 2012.