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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
From February 2014, the Defendant has been engaged in the management team staff of the victim E, a corporation affiliated with the said company and E, who is an affiliated company of Suwon-si.
1. Around May 12, 2014, the Defendant arbitrarily used KRW 70,922,113 in total by the same method over 12 times from September 25, 2014, as shown in the attached Table 1, from around September 25, 2014, when he/she kept the victim’s company funds in the account of the victim E company in the account of the victim E company, he/she arbitrarily transferred KRW 4,573,390 from among them to the account of the company in the name of the defendant company in the name of the victim E company by using the Internet banking.
As a result, the defendant embezzled another person's property in breach of his occupational duty.
2. On May 26, 2014, the Defendant: (a) transferred KRW 4,486,00, out of the amount of money deposited by the victim’s corporate bank account in the victim’s corporate bank account to the bank account in the name of the Internet banking; (b) transferred the money to the bank account in the name of the illegal gambling company, the illegal gambling company; and (c) used the money for gambling, etc. around that time; (d) from that time until September 25, 2014, the Defendant arbitrarily used KRW 301,318,981 by the same method over 33 times in total, as shown in Table 2 of the Crimes List, from that time until September 25, 2014.
As a result, the defendant embezzled another person's property in breach of his occupational duty.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness F;
1. Each prosecutor's protocol of examination of the accused;
1. Statement made by the police of the F;
1. Full certificate of the registered matters;
1. Each certificate of deposit and details of transactions in the passbook (the list of evidence Nos. 2, 6, 8, 10, 11, 12, 14, 17, 20, 25);
1. Each investigation report (Evidence List Nos. 9, 16, 18, 19, 24).