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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant has been engaged in the management of the company’s funds, such as the adjustment of liquor sales price and credit sales price, as the accounting of D (mutually transferred company E) operated by the victim C in Ulsan-gu B from September 2012 to November 2014.
On January 11, 2013, the Defendant collected KRW 1,400,000,000 from the office of the victim company, and was in the custody of the victim company for the purpose of the victim company. Around that time, the Defendant was withdrawn from the barracks branch of the Ulsan Jung-gu, Ulsan-gu, Ulsan-gu, 574, and used arbitrarily for personal purposes, such as living expenses.
From around that time to December 3, 2013, the Defendant consumed KRW 231,429,555, in mind, in total, 231,429,555, supra, the sum of the credit amounts collected from cash and business partners kept in business for the victim 64 times in the manner described in the attached list of crimes.
As a result, the defendant embezzled the property of the victim who was in custody on duty.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes on transactions of passbooks;
1. In a case where a significant damage has been recovered in the mitigated area (6-2 years) of punishment [the scope of recommending punishment] [the grounds for sentencing of imprisonment] Articles 356 and 355(1) of the Criminal Act, the grounds for sentencing of imprisonment [the scope of recommending punishment] (6-2 years] [the special mitigated person] [the decision of sentencing]] the Defendant embezzled funds worth KRW 23 million by making a considerable period of time as an accounting official of the Defendant’s business operated by the victim, and even if considering the fact that the victim paid 18 million won out of the embezzlement amount to the victim, the damage was not recovered, and even if the victim did not reach an agreement with the victim and the damage was fully recovered, the punishment against the crime is imposed solely on the basis that the victim simply repaid the damage and agreed with the victim.