Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
F is the husband of F, who is working for the director in charge of accounting of the victim H, Inc., Ltd., located in Ansan-gu, Seoul Metropolitan City from September 2006 to April 2015, and was engaged in the business of operating and managing the funds of the above victim company.
When managing company funds through Internet banking, the Defendant and F made use of the fact that the recipient could arbitrarily enter in the transfer of funds to another account when transferring the funds to the Internet banking, and intended to embezzled the company funds by voluntarily recording the recipient’s column as if the funds are transferred to the trading company. The Defendant, one’s business partner, I received the funds of the victim company through the I’s account and transferred the funds to the F’s account, and the F conspired to transfer the funds to the said I’s account.
F at the above victim's office around December 31, 2014, at the above victim's company's office, voluntarily transfers KRW 16,573,600 of the victim's company's funds to the victim's company's bank account (J) in the name of the victim's company to the bank account in the name of the victim's company (K) by means of Internet banking, and voluntarily enters the amount in the recipient's column. On the same day, the defendant contact I with I, transferred the amount to the new bank account (M) in the name of F, and on the same day, on January 20, 2015, F continuously transferred KRW 3,231,917 of the victim company's funds to the bank account in the name of the victim's name (N) to the above bank account in the name of the victim's company, and on the same day, the defendant embezzled the amount for personal purposes, such as transferring the amount to the new bank account in the name of the above F.
Summary of Evidence
1. Statement by the defendant in court;
1. Some statements made to F or I in the protocol of interrogation of a suspect by the prosecution;
1. Statement made by the police against theO;
1. Details of each account transaction;
1. Application of the Kakao Stockholm dialogue legislation
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;