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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The defendant, as the representative director of the victims D&C in Gwangju Mine-gu, was in charge of overall business such as managing the funds of the damaged company.
On April 17, 2014, the Defendant entered into a contract with E, a building owner, to build G construction works for YS solar power facilities on the ground, including the land of Y40,000,000 won on the land of Y5,000 won, and kept 35,000,000 won, which is a part of the construction cost, in the name of E, in the course of business for the victimized company by obtaining a post office account in the name of the Defendant, and embezzled 1,420,000 won for personal use from April 17, 2014 to April 25, 2016, as described in the attached list of crimes, by arbitrarily using 14 times the funds of the victimized company from around April 17, 2014 to April 25, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made to I by the police;
1. Account transactions;
1. Application of Acts and subordinate statutes to investigation reports;
1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing of Article 62-2 of the Criminal Act of community service order - The defendant's use of the company's funds for personal purposes by taking advantage of the status of the operator of the victimized company, thereby undermining transparency of accounting, and not undermining his responsibility - The amount of embezzlement exceeds 50 million won and does not fully recover from damage up to now. - On the other hand, the injured company deposits the amount of KRW 15 million in substance for the victimized company - No history of having been punished for the same kind of crime.