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The punishment of the accused shall be three years of imprisonment.
Reasons
Criminal facts
[2018 Gohap 3] The Defendant, at around April 2012, to around December 2016, 2016, served as an accounting employee of D Co., Ltd. (hereinafter “victim”) and of F Co., Ltd. (hereinafter “F”) with the main business of transporting, lending, and arranging freight in C, E, the Defendant was engaged in the business of managing the funds of each damaged company at D office of the victimized Company.
1. A defendant who violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) has kept the funds of the victimized company D in the course of performing his/her duties; on January 16, 2015, he/she had been in the account of a corporate bank in the name of the same company at the D office of the victimized company.
3 million won was remitted to the account in the name of the defendant and voluntarily consumed.
In addition, on January 16, 2015 to September 20, 2016, the Defendant: (a) distributed KRW 632,174,930 in total from the account in the name of the damaged company D to the account in the name of the Defendant and voluntarily consumed the amount of KRW 632,174,930, a total of 58 times, such as the statement in the crime list; (b) “2016-04-18” was a clerical error in the “2016-04-08” in the crime list attached to the indictment, and accordingly, (c) was corrected in accordance with [Attachment 1] No. 444 of the crime list attached to the indictment; and (d) the Defendant embezzled property of D in the course of business that was kept in the custody of the Defendant.
2. When the Defendant was in the custody of the F funds of the victimized Company F for business purposes, the Defendant was in the company bank account (H) in the name of the victimized Company F at the above D office around April 26, 2013.
50 million won was remitted to the account under the name of the defendant.
In addition, the Defendant transferred the total amount of KRW 75 million from the account in the name of the victimized Company F to the account in the name of the Defendant, such as the statement in the crime list, around April 26, 2013 to July 3, 2016.