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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
The Defendant is the representative of the “B” corporation located in Hong Kong.
around October 2011, the Defendant jointly agreed to conduct an investment project with C under the exchange rate transaction method with C, and leased the corporate account (Account Number:D) of “B” bank in the name of “B” company to C, and the Defendant and C jointly manage the said account.
On the other hand, the Defendant, through C on December 19, 201, received KRW 50 million from the victim E, and KRW 9.5 million on January 26, 2012, from the said account as investment money, and kept it in custody.
On May 2012, the Defendant failed to operate the said investment project and caused a loss equivalent to KRW 180 million, which led to the Defendant’s withdrawal of the amount of investment made by the victim to use it as living expenses, etc.
On August 6, 2012, the Defendant transferred the remainder to another account (Account Number: 49,000 US dollars, 55,321,412, out of 5,321,000 US$ 55,321,00, to the Defendant’s new bank account (Account Number: G), and then withdrawn the remainder from that time to the Defendant’s above Swiss Bank’s other account (Account Number) for personal use, such as the Defendant’s living expenses.
As a result, the Defendant embezzled the amount of USD 49,00, USD 55,321,00 owned by the victim for the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement C and E in the suspect examination protocol of the accused by the prosecution;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes concerning account transactions in the MIG Bank;
1. The sentence is to be rendered as shown in the Disposition, taking into account all the conditions of sentencing, including the following factors: (a) the reason for sentencing under Article 355(1) of the Criminal Act regarding the crime in this case; (b) the background and consequence of the crime in this case; (c) the occurrence of no measures to recover damage; (d)