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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal record] On July 24, 2015, the Defendant was sentenced to two years and six months of imprisonment for embezzlement in the support for the care of the Suwon method, and the above judgment became final and conclusive on April 15, 2016.
[2] On April 14, 2006, the Defendant established and operated the Dispute Resolution D with C, etc. for the purpose of conducting construction business, such as real estate sale and sale. On October 30, 2006, the Defendant entered into a joint agreement on the "new construction and sale of multi-family housing (multi-family housing) in the G Land Partition Resolution Project District," and around April 19, 2007 between E and the Victim Resolution Resolution Co., Ltd. (hereinafter "victim Co., Ltd.") on the part of the victim Co., Ltd., and the Defendant and C, etc. agreed to divide the profits from each of the above projects into two parts, and set up the joint agreement on the "new construction and sale of multi-family housing (multi-family housing) and the victim Co., Ltd. (hereinafter "victim Co., Ltd."), while the victim Co., Ltd and the victim Co., Ltd determined the profits from the company inside the project.
Nevertheless, on November 1, 2013, the Defendant prepared for casino business in Vietnam with earnings of KRW 40 million from the said business around November 1, 2013.
J had a person transfer to the bank account (K) of the name of the name-person to discharge his obligation to the Defendant’s J, and had him arbitrarily use the proceeds of KRW 490 million in total to the J through six times from the date of the transfer to June 30, 2014, such as the statement in the list of annexed crimes, by allowing the person to transfer the proceeds of KRW 490 million in total to the J, and performing his obligation to the J.
Accordingly, the Defendant embezzled the property of the victim company.
Summary of Evidence
1. The witness C and each legal statement in L;
1. Statement made by the police to J;
1. A complaint, a certified copy of the register (F), a certified copy of the register (H), a joint business contract, and a joint business agreement;
1. Investigation report (for results of telephone communications with witnesses E,
1. Investigative Report (as to attachment of data on results of telephone conversations with E, and on attachment of data to be submitted), details of remittance, and certificate of transfer verification; 1.