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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
From April 2, 2012 to December 14, 2012, the Defendant was a person who held control over all stocks as the representative director of the victim (owner)C) who was engaged in the business of attracting investment to take office at the time of taking office, but did not have any particular performance, but did not participate in the business related to the operation of the company, such as fund management.
On November 2, 2012, the Defendant transferred KRW 12,015,440,00,00 to the Agricultural Cooperative Account (Account Number D) in the name of another victim, which the Defendant had opened in advance, from the same day to the 8th day of the same month from the same day, to the 12,000,000 won, in total, over three times in the name of the Defendant’s individual and the Defendant’s account in the name of the (Account Number E)F account in the name of another victim, which was used for the company’s business, to the effect that the Defendant was registered as the representative director of the victim’s company at the Agricultural Cooperative Branch in Busan High-si, Busan.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination);
1. The police statement concerning B;
1. A certificate of G and H, and I's written statement;
1. Application of Acts and subordinate statutes on filing of a complaint, certificate for business registration of a stock company, list of shareholders, copies of agricultural bankbooks, and specifications of bankbooks;
1. The criminal sentencing guidelines for embezzlement of Article 355(1) of the Criminal Act for criminal facts fall under the first category of punishment for embezzlement, and the basic sentence is April 1 and April 2.
The same punishment as the disposition shall be determined in consideration of all the sentencing conditions indicated in the records of this case, such as the repayment of damage.
It is so decided as per Disposition for the above reasons.