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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
From November 2013 to January 11, 2019, the Defendant is a person who works as an accounting employee at the victim C Co., Ltd. located in Kimhae-si and has been engaged in the business of receiving and paying the transaction fees of the said company.
On September 3, 2015, the Defendant managed electronic recording media, such as an authorized certificate of the victim’s name (E) and an OTP card, and transferred KRW 12,698,340 from the said account to the D Association account under the name of the Defendant (F) while keeping the money owned by the victim in the said account for business purposes, and used KRW 769,072,387 in total over 81 times from that time to January 9, 2019, including the transfer of KRW 12,69,072,387 from the said victim’s account to the Defendant’s name, and used it as living expenses, etc., as shown in the attached list of crimes, from that time.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. A complaint (a list of crimes, a statement of results of transfer by year, etc.);
1. The list of crimes, details of accounts in the name of the victim, details of accounts in the name of the defendant, details of accounts in the name of the victim, details of accounts in the name of the victim, AH, I, J, and the details of use of K Cards, A L Cooperatives entry and withdrawal details, and the application of Acts and
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) of the Criminal Act for the relevant crime;
1. Scope of punishment by law: Three to thirty years of imprisonment;
2. Aggravation of the recommended punishment according to the sentencing guidelines [the determination of types]. Embezzlement and Misappropriation (Type 3]. 500 million won or more, and less than five billion won (special salvists]. Where the method of punishment is very poor, the mitigation element: A person who is the same number of persons who are the same as the self-denunciation shall be considered more heavily than the same number of actors/other persons.
[Recommendation and Scope of Recommendation] Aggravation, 3 to 6 years of imprisonment (general person) - Reduction element: None of criminal records - Aggravation element: In the case of embezzlement.