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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
To the extent that the facts charged and the basic facts are identical and are not likely to substantially disadvantage the defendant's exercise of his/her right to defense, specific facts are partially recognized differently from those charged.
The Defendant is a person who worked as an internal director of Geumcheon-gu Seoul Metropolitan Government building B, C, or D, the head office of which is located from October 24, 2012 to August 22, 2019, and was in charge of the management of the funds of the victim E.
Around January 2014, F, the representative director of the Defendant and the victim company, entered the spouse falsely as an employee of the victim company, and received money from the victim company as the monthly salary, the Defendant also entered the Defendant’s leakage or G, etc. as an employee, and received money as the monthly salary.
Accordingly, after falsely registering G as an employee of the victim company around January 26, 2014, the Defendant received KRW 1,478,660 from that time to May 25, 2016, totaling KRW 42,647,610 from that time, including the transfer of KRW 1,478,660 to a new bank account under the name of G for the purpose of paying benefits, from around February 25, 2014.
Around May 26, 2016, the Defendant continued to have falsely listed H, a spouse, as an employee of the victim’s company, and received KRW 1,59,180,00 from the victim’s bank account in the name of the victim’s company, as a salary, from the time to January 31, 2019, the Defendant received KRW 56,876,960, total sum of 34 times, as shown in Appendix II, from the time on which he/she received money from the victim’s bank account in the name of the victim’s company.
Accordingly, the Defendant embezzled total amount of KRW 99,524,570,000, which was owned by the victim company that was kept by the Defendant in breach of occupational duties.
Summary of Evidence
1. Partial statement of the defendant;
1. A witness F, part of I.