Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant, from June 2009 to March 2013, as the head of the management team of the victim D Co., Ltd. (hereinafter “victim”) located in Ansan City from June 2009 to March 201, was in charge of the management and enforcement of the funds.
On November 8, 2010, the Defendant used KRW 1 million for personal purposes, such as overseas futures investment, etc. at the injured company office, and embezzled the total amount of KRW 785,413,750 of the Company’s funds in business custody over a total of 46 occasions from December 22, 2009 to May 10, 2012, as indicated in the attached crime list, and embezzled them for personal purposes, such as overseas futures investment.
Summary of Evidence
1. Defendant's legal statement;
1. E of the interrogation protocol of the fourth suspect against the defendant
1. A statement of transactions of bankbooks for victimized companies (a new, agricultural, national, company, etc.);
1. A new statement of transactions in the FF bank;
1. Investigation reports (detailed A details of transactions);
1. Application of statutes governing futures trading;
1. 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 crime concerned;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;
2. Application of the sentencing criteria [Determination of types] 50 million won or more, and less than 5 billion won (decision on the recommended field] basic area (decision on the recommended area] - 2 years to 5 years of imprisonment.
3. The crime of this case where the Defendant, while taking charge of managing and executing the funds of the victimized company, uses corporate funds exceeding KRW 780,000,000 for personal purposes, such as futures investment, etc., and embezzled the amount of damage and the representative director of the victimized company wanting punishment against the Defendant, the Defendant needs to be subject to strict punishment corresponding to the criminal liability.
However, the defendant is this case.