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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The defendant worked as the representative director of the victim B from January 18, 2017 to take charge of the overall affairs of the above company, such as commodity management and accounting management, while working as the representative director of the victim B from January 18, 2017.
2. On the 28th anniversary of the overdue employee benefits, etc., the employee council organized on the grounds of the employee’s benefits, etc. transferred all the authority to the said company.
On February 26, 2017, the Defendant ordered D to transfer cosmetics equivalent to approximately KRW 153,096,40, including G, etc. owned by the victim company, which was kept in the E-based warehouse at the company office located in the company office located in Seongbuk-gu Seoul Metropolitan City, Sung-si, the second and third floors, to the J warehouse located in Guro-gu, Seoul Special Metropolitan City, the Defendant ordered D to transfer the above cosmetics to the J warehouse in the direction of the Defendant on March 2, 2017.
Although Defendant requested on March 3, 2017 that the above cosmetics be stored in the J warehouse for the victim company, on behalf of the victim company, the above cosmetics be returned from the above employees Council Secretary K at a non-permanent place, the above employees council did not return the cosmetics until now without justifiable grounds.
In the end, the defendant embezzled the property of the victim company that was under custody in the course of business.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement by the police concerning L;
1. Details of transactions in Korean banks, and the current status of the remaining quantity of cosmetics kept in F;
1. Current status of inventory on February 31, 2016 (cosmetics);
1. Investigation report (to hear statements by Lphone);
1. Application of Acts and subordinate statutes to an investigation report (to hear statements by K General Director Telephone);
1. Relevant legal provisions, Articles 356 and 355(1) of the Criminal Act regarding criminal facts, and the Defendant’s reason for sentencing of sentence of imprisonment is against the time when committing the instant crime.
However, even though the defendant had given an opportunity to do so, he did not return the goods embezzled until now.
The value of embezzled goods is not small.
There are various circumstances, such as the defendant's age, sex, motive for the crime, and circumstances after the crime.