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A defendant shall be punished by imprisonment for a term of one year and eight months.
The application for compensation order of this case shall be dismissed.
Reasons
Punishment of the crime
The Defendant, from August 2009, had been working in the “G” operated by the victim E in Nam-si, Namyang-si, and had been in the custody of the company funds on behalf of the victim, such as managing the company’s bank account, and had been in the custody of the company funds on behalf of the victim. As such, the Defendant had not used the funds at the company’s expense but had been stated in the account withdrawal note as if it were used, and had the intent to embezzled the company funds by means of remitting the funds to the Defendant’
On January 26, 2010, at around 16:07, the Defendant transferred money from the Internet Bank website of the National Bank of Korea to the bank account of the victim E (H) managed by the Defendant, and stated 4,300,000 won to the new bank account (I) in the name of the Defendant, and transferred money to the new bank account in the name of the Defendant (I), as shown in the attached Table of Crimes (excluding Nos. 13, 15, 17, 17, 18, 28, 28, 40, 60, 63, 63, 108, 141, 161, 161, and 333 times from that time to April 16, 2013, the Defendant transferred total amount of KRW 283,598,950 to the account under the name of the Defendant and used it for personal or other voluntary purposes at around that time.
In addition, around January 7, 2010, the Defendant withdrawn KRW 700,000 in cash from the bank account of the above victim E at the loyalty station of the National Bank, as shown in the attached Table of Crimes (2), and voluntarily disbursed KRW 79,275,850 for 63 times from around that time to April 19, 2013 from the victim’s account, and then voluntarily used it for personal purposes, such as living expenses, etc.
Accordingly, the Defendant embezzled the total amount of KRW 362,874,800 of the company's funds kept in business for the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness E;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement of E;
1. The details of the transfer of money by transaction partners, the details of the deposit and withdrawal, and the complainants to the investigation;