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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant is the representative director B of the Incorporated Company B.
On November 8, 2016, the Defendant received KRW 25 million from the victim C to the deposit account in the name of the Defendant Company’s employee.
However, the Defendant received the above KRW 25 million as a stock investment and embezzled it as a company’s operating fund, because the company’s operating fund was insufficient at the time, and instead used it as a stock investment fund.
2. After the alteration and alteration of electronic records, etc., the victim was unable to receive the investment money from the defendant, and the victim urged from January 2017 to return the said investment money to the defendant several times, but the defendant did not return it, on June 14, 2017, filed a criminal complaint against the defendant at the Yanananannam Police Station, Dongandong Police Station, Seoul, and was investigated by the victim on August 1, 2017 at the police station.
The defendant, when receiving a suspect's investigation at the above police station, had the victim used the stock investment fund deposited by the victim as the fund for the company's operation, and had the intent to manipulate the deposit transaction statement as if it actually used the fund as the stock investment fund.
Therefore, at the time of August 2017, the Defendant had D (person in the name of the bank account) use a mobile phone at the office of the Defendant’s company, had D (person in the name of the bank account) store the file on the computer screen after obtaining the details of his deposit transaction from E to PEF file, and opened the said file stored in the Defendant’s computer on two occasions each time on October 1, 2016, and transferred the said file to FG G account two times each time, and on October 1, 2016, the first deposit transaction details “10 million won” (hereinafter “10,000 won was changed to 10,000 won) and “10,000 won was changed to 10,000 won.”