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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 20, 2014, the Defendant, D, E, and F invested KRW 25 million each around August 20, 201, and opened and operated a mobile phone agency in Gangnam-gu Seoul Metropolitan Government with the trade name of “H” in “H.”
On December 12, 2014, the Defendant embezzled KRW 8,433,00 over five times from around that time to June 2, 2015, as shown in the list of crimes committed in the attached Table, for the purpose of paying monthly salary at the above H office, KRW 2,00,00,000, out of the business funds kept in the business for the purpose of victim D, E, and F, to the Korean bank account, the head of the Tong, the Defendant established in the name of the Defendant, and used them for personal purposes.
On September 19, 2015, the Defendant prepared a written complaint by the public service center of the Busan Police Station located in Busan Jin-gu, Busan, stating that “A small-scale Defendant D, while operating a mobile phone agency, embezzled KRW 10 million out of its partner money for personal purposes without the consent of the partners, which would be punished for embezzlement.”
However, in fact, on February 24, 2015, the Defendant agreed to use the amount of KRW 10 million out of the amount of partner deposits as marriage expenses together with E and F, which are partners, and thus, D did not embezzled the amount of KRW 10 million, so the above details of the complaint were false.
On the same day, the defendant submitted the above false statement of complaint to a person in charge of civil petitions with the intention to have D receive criminal punishment at the public service center of the Busan Busan Police Station, thereby making D unsatising.
Summary of Evidence
1. Each legal statement of witness D, E, and F;
1. Application of Acts and subordinate statutes to the details of transactions on banks, such as each complaint letter, written explanation (F, E), monthly statement of transactions on passbooks, settlement of accounts, and details of transactions on passbooks;
1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 156 of the Criminal Act, and the selection of fines, respectively;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.