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A defendant shall be punished by imprisonment for five years.
Reasons
Punishment of the crime
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was employed by the victim C Co., Ltd. (Representative Director D) who is engaged in real estate rental business from November 1, 1992 and was in charge of accounting with the managing director who manages the 89 generation of Seocho-gu, Seo-gu, Seo-gu and Seo-gu, Seo-gu, Seo-gu (hereinafter “F loan”) 90 households from around 2002, while the Defendant was in charge of the management director who manages the 90 households of Seo-gu, Seo-gu, Seo-gu, Seo-gu.
The Defendant, as a result of the failure of stock investment, had been able to arbitrarily use for stock investment, etc. by withdrawing cash from the account in the name of the victim or remitting it to the Defendant’s personal account in keeping management expenses, etc. received from the said E apartment and Flusing occupants.
Around January 7, 2008, the Defendant withdrawn KRW 500,000, which was transferred to the Agricultural Cooperative account in the name of the victim for the management expenses, etc. from the lessees of the above E apartment and Flue House at the office of Seo-gu, Seogu, Seoul, a considerable amount of 69 U.S. (hereinafter “CF”), and then deposited to the Agricultural Cooperative account in the name of the Defendant’s name (Account Number H), and then transferred money to the account in the name of the Defendant’s shares investment account in the future deposit securities company I, which is the Defendant’s shares investment account, and used at will for the investment of the Defendant’s shares.
In addition, from January 7, 2008 to October 28, 2013, the Defendant embezzled a total of KRW 1,305,689,447 in the course of business for the victim on a total of 431 occasions, as shown in attached Table 1, as well as the Defendant’s stock investment, etc.
2. The defrauded may not refund the embezzlement money as a failure of continued stock investment even after the embezzlement of management expenses, etc., owned by C, which were used for stock investment, etc., as described in paragraph (1), and the deposit money may not be refunded to the lessee who leaves the facility.