beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
E Co., Ltd. where the Defendant’s husband D representative director was the Defendant’s husband, mediated the transaction of slot machine supply between G and Pacific Co., Ltd. located in the Philippines, which was operated by the victim F, and around January 4, 2013, USD 1,596,667 was deposited in the account in the name of E Co., Ltd.
D around that time, the above money deposited US$ 250,00 in the bank account in its own name, deposited US$ 690,000 in the account in the name of the defendant, deposited US$ 690,00 in the account in the name of the defendant, and kept US$ 500,000 in his own house in the Philippines. On September 14, 2013, the victim's complaint was arrested and escorted to Korea.
On September 15, 2013, the Defendant entered the Republic of Korea on September 15, 2013, and thereafter came to know that USD 690,000, out of the money deposited by D and his defense counsel, was deposited into the account opened in his/her own name, and that the amount of USD 50,00,000 is kept in his/her house in the Philippines.
However, from the beginning of November 2013, the Defendant did not comply with the request from the victim to return the said money. On November 26, 2013 and November 28, 2013, the Defendant deposited 690,000 US dollars which was deposited in one’s account over two occasions, and stored 50,000 US dollars which was kept in one’s own house in the Philippines together.
In this way, the defendant had been aware of the fact that the amount of USD 1.190,00 was embezzled by D.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness H;
1. The police statement of H;
1. Each police investigation report (application of Acts and subordinate statutes 2, 10, 11, 15, 16)
1. Relevant Article 362 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 365(2) and Article 328(1) of the Criminal Act, which is mitigated due to special cases among relatives;