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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
The Defendant, from February 2, 2011 to October 2017, working as an employee of the management support team operated by the victim D in Young-gu, Suwon-si, the Sinwon-si, and takes charge of personnel affairs and general affairs related to the affairs related to the management of the victim D and the owner of the victim F, and takes charge of the management of the victim F's property, etc., the Defendant is a person who has obtained a certified certificate of the victims and a single-use password (OTP) and kept the deposit in his/her business.
On August 10, 2015, the Defendant, using a certified certificate and an OTP that was kept as above, withdrawing KRW 5,000,000 in cash from the account in the name of the victim F Bank (G) and arbitrarily used it as entertainment expenses, etc. from that time, and the Defendant’s statement in the indictment on October 31, 2017, “No. 29, 2017.” is an error.
The total amount of KRW 174,00,000 owned by the victims was 33 times in total as shown in the list of crimes in attached Form, or transferred to the account in the name of the defendant to one bank account in the name of the defendant, and consumed voluntarily for the purpose of living expenses, etc.
Accordingly, the Defendant arbitrarily consumed the total amount of KRW 174,00,000, while keeping the deposits owned by the victims in the course of business, and embezzled business.
Summary of Evidence
1. Statement by the defendant in court;
1. Part concerning D statements in the second interrogation protocol against the defendant during the police officer's second interrogation protocol
1. Statement made by the police against D;
1. The transaction details of one bank, and the transaction details of the benefit passbook (IBK Bank);
1. Application of Acts and subordinate statutes to a report on investigation (organization of details of account transactions in a complainant);
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;
1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of the recommended punishment according to the sentencing guidelines) is the basic area (1 to 3 years) of embezzlement and breach of trust (10 million won but less than 10 million won) (1 to 50 million won) of the Act on the Aggravated Punishment of Concurrent Crimes (1 to 3 years) (2) of the Act on the Aggravated Punishment of Concurrent Crimes. The Defendant, who was in charge of the management of the victims’ property, withdrawn the victims’ deposits and