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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who served as an auditor of the victim C, a corporation established for the purpose of storing b from January 1, 2010 to August 1, 2017, and was engaged in the business of managing the company’s funds.
1. On November 30, 2010, the Defendant voluntarily consumed KRW 120,013,837 by the same method over a total of 250 times, as shown in the annexed Table 1, from August 15, 2017, as shown in the annexed Table 1, while receiving a rent of KRW 500,000 from D, a company leasing a building owned by the victim at the above office, which was deposited in the E Association account (F) in the name of the Defendant in the name of the Defendant, and used it for personal purposes for the victim.
2. Around June 1, 2010, the Defendant transferred KRW 500,000 from the G Bank account (H) in the name of the victim managing the business funds in the above office to the E Union account (F) in the name of the Defendant’s personal name and consumed for personal purposes around that time. From that time until January 12, 2015, the Defendant arbitrarily consumed the total of KRW 17,630,000 by the same method over 21 times, as shown in the attached list of crimes in the attached Table 2.
3. On March 29, 201, the Defendant, at the above office around March 201, remitted KRW 300,000 from the G bank account (H) in the name of the victim to the E Union account (J) account in the name of the Defendant’s seat, and subsequently arbitrarily consumed KRW 1,300,000 by the same method twice in total, as shown in the attached Table 3, until June 15, 2012.
Accordingly, the Defendant embezzled the total amount of 138,943,837 won of the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report of K's statement among the suspect interrogation protocol of the defendant against the defendant (Submission of the statement of account transaction to the complainant, the corporate bank in the dispute mediation committee, the submission of all the registered matters, the defendant's E-association account records, and the
1. Relevant Article of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning the selection of criminal facts;