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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
From March 16, 2009 to December 31, 2015, the Defendant, as accounting staff of D Co., Ltd. located in Seocho-gu Seoul Metropolitan Government, has been engaged in the payment and collection of accounting, management, and management at the Seoul Songpa-gu Management Office entrusted with management duties.
The Defendant received management expenses from the above apartment occupants through the bank account in the name of the representative meeting of the apartment occupant, and stored for the victim. On June 28, 2013, the Defendant collected KRW 17,638,240 as heating expenses from the Dong branch of the Han Bank on June 28, 2013 and consumed them for personal purposes, such as living expenses.
From around that time to December 24, 2015, the Defendant consumed total of KRW 897,843,310 of the funds, such as management expenses, etc., kept on behalf of the victim by the same method over 31 times, such as the list of offenses, and embezzled the victim’s property while on duty.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with respect to F;
1. An X-cell file prepared by date (a net 156) that has withdrawn KRW 897,843,310 on 31 occasions in total and deposited KRW 700,626,670 on 21 occasions;
1. Investigation report (to hear statements by the suspect with regard to the withdrawal of KRW 17,638,240 once as embezzlement);
1. Application of the Acts and subordinate statutes governing the contract of work, inquiries about the details of each transaction, each written request, each written request, each notice of payment, each statement of transaction through (G) a bank under the name of the suspect, one bank under the name of the representative meeting of the apartment occupant, (I) a transaction statement under the name of the suspect, a new bank under the name of the suspect, a transaction statement under the name of the bank (J) a new name of the representative meeting of the apartment occupant, a bank under the name of the representative meeting of the apartment occupant, a front mark of the head of the E apartment occupant, a personal suspect's name bank (G);
1. The relevant Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Act No. 13719, Jan. 6, 2016) is applicable to the crime.