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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who, while serving as the accounting of the Victim C Co., Ltd. in Jeju from December 13, 2017 to February 28, 2018, has been engaged in the management of a passbook in the name of the victim (D Bank E), a passbook in the name of the representative director (D Bank G and H), and a person who has been engaged in the management of accounting and deposit and withdrawal.
On December 18, 2017, the Defendant: (a) transferred KRW 216,00 of the Company Fund, which was kept in the business for the said Company, from the Do bank account (E) to the Do bank account under the name of the Defendant; and (b) subsequently, consumed the Company Fund for personal purposes, such as living expenses, in mind at the Jeju City Council; and (c) from around that time to February 17, 2018, the Defendant used KRW 12,412,578 in total by transferring the Company Fund from the 29 times’s account to the Defendant’s name account or settling the cards or oil payments for personal use from the Do bank account under the name of the victim; and (d) from that time, until February 17, 2018, as shown in attached Table 1, the Defendant consumed the Company Fund in mind.
Accordingly, the defendant embezzled the victim's property.
2. The Defendant embezzled, around December 18, 2017, at the C Co., Ltd. office located at Jeju, the Defendant: (a) received one credit card (K) from the victim F, the representative of C Co., Ltd. for the purpose of paying duplication money; and (b) embezzled the card without returning it for the purpose of his/her own use, despite having to complete the payment of duplication money and return it.
3. On December 20, 2017, the Defendant violated the Specialized Credit Financial Business Act: (a) provided meals in L “L”; and (b) settled KRW 22,00,00; (c) provided a sales slip by presenting the credit card in the name of F embezzled as if he/she was his/her card; and (d) provided sales slips from around that time to January 19, 2018; and (b) illegally used the credit card embezzled by settling the total amount of KRW 13,438,450 over 53 times, as shown in attached Table 2, as in attached Table 2.
4. The criminal defendant against the victim M is guilty.