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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is the actual operator of Yongsan-gu Seoul Metropolitan Government, Inc. E (hereinafter “E”) that sells computer peripheral devices, located in the 22th class 69 of Yongsan-gu, Yongsan-gu, Seoul.
On April 16, 2009, the Defendant received money from a customer in the office of the above company from transfer to the Industrial Bank of Korea (G) account in the name of F, an employee of the same company, and embezzled money of KRW 2,00,000,000 from that time to August 9, 2010, among money transferred to the above account or the Industrial Bank of Korea account (K) account under the name of F, an employee of the same company, and embezzled money of KRW 236,201,40,00 from that time by arbitrarily consuming it to the Defendant’s mother, wife, and her birth, etc. over 153 times in total.
2. The defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) is an actual operator of E, who has been engaged in the business of instructing and supervising the payment of the price of goods, collection of money and preparation
On July 17, 2009, the Defendant violated his duty to manage funds for a company at the above office, and caused an employee in charge of accounting to transfer 36,092,830 won more than the value of the goods purchased from L from L to the above L’s account in the above L’s name. From that time to December 27, 2010, the Defendant acquired property profits from the above L’s transfer of the total amount of KRW 522,682,510 over 17 times, as shown in the List of Crimes (2) from December 27, 2010, and caused property damage equivalent to the same amount to E.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of the witness H and F;
1. Statement of public prosecutor M in preparation;
1. A criminal investigation report (attaching documents submitted by a complainant);
1. Each specification of transactions (F and J);
1. E details of transactions;
1. The President of the EL Trading Board;
1. Application of the Acts and subordinate statutes of each of the certified transcript of register;