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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[criminal record] On October 22, 2019, the defendant was sentenced to three years of imprisonment by the Seoul High Court for the crime of aiding and abetting a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on the 30th of the same month.
[2] The Defendant is a person who has been engaged in the business of fund management and accounting of the victimized company while working as a representative director in the name of the victim corporation D, which is actually operated by the victim corporation C in Seongdong-gu Seoul, from January 2014 to January 2017.
1. Around August 16, 2016, the Defendant: (a) transferred KRW 40 million from the E bank account (G) in the name of the Defendant’s wife to the E bank account (G) in the name of the victimized company (F) in the name of the Defendant at the above company’s office; (b) transferred the sum of KRW 180,000,000 to that of his wife’s E bank account under the name of the Defendant; and (c) remitted the sum of KRW 1,80,000 by the above methods, such as the list of crimes (1) in the attached Table (B) from the 19th day of the same month to the 19th day of the same month; and (d) embezzled arbitrarily
2. Around September 9, 2014, the Defendant embezzled a total of KRW 259,38,000 by means of the foregoing 132 times in total from the E bank account (F) in the name of the Defendant at the above company’s office to the K bank account (L) account in the name of the Defendant, via the bank account (G) in the name of the Defendant, and repaid the personal obligation. From that time to December 23, 2016, the Defendant embezzled a total of KRW 259,38,000 by means of the foregoing 132 times in total as shown in Table 2 of the Crimes List (B).
Summary of Evidence
1. A protocol of the police statement concerning C of the protocol of interrogation of the suspect against the defendant who has made a statutory statement;
1. A complaint;
1. An investigation report (Adjustment of Account Transactions Details), details of transfers from Account D to Account A, remittance details from Account A to J, remittance details from Account A to H, H M M bank from Account A and H E from Account A.