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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 became final and conclusive.
Reasons
Criminal facts
The Defendant, from January 2012, was a person who actually operated C from around 2012, and was in charge of the business of the said corporation, including funds.
1. The Defendant had the victim C’s corporate account, passbook, cash card, etc., and had the money deposited in the said account on behalf of the victim, and had the intent to arbitrarily withdraw and use the deposit money owned by the said corporation.
On May 10, 2012, the Defendant voluntarily released KRW 3 million from the D account in the name of one bank in the name of the victim C at the same time and embezzled the amount of KRW 27,900,000 from the account in the name of the victim from that time to June 23, 2012, as shown in the annexed crime List (1), after withdrawing or transferring the amount of KRW 27,90,000 from the account in the name of the victim from that time to June 23, 2012.
2. The Defendant, using a credit card holding the victim C corporation corporation corporation, had the victim C corporation, used the above credit card individually, and had the victim pay the amount.
The Defendant, in a restaurant in Daegu Dong-gu, Daegu, on May 1, 2012, had a duty of care to use a corporate corporate bank credit card provided by the victim for the victim, in violation of his/her duty, paid the Defendant’s personal food 21,000 won by the said credit card from that point of time to that point of time, notwithstanding that the Defendant had a duty of care to use the credit card for the victim.
8. Until December 21, 201, a corporate credit card received from the victim on 121 occasions as shown in the annexed list of crimes (2) obtained financial benefits equivalent to KRW 20,039,252 from the victim by personally using the credit card of the victim and suffered financial losses equivalent to the above amount.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of G and H;
1. Nos. 2, 3, and 4 against the Defendant respectively;