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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a person who had been in charge of money-related affairs, such as payment of taxes of the said company, remittance of monthly salary to employees, etc., while working as an accounting employee of the victim D Co., Ltd. with the victim C and D from January 2015 to April 2017 in Jeju, while managing a new bank account under the name of the said company (E) and a new bank corporation card (F).
The defendant has no particular property, and the monthly salary is only about 1.3 million won, and the money is needed due to bank bills, personal debts, living expenses, etc. equivalent to the KRW 1,300,000, and therefore he thought that he will use the company's funds for personal use.
1. On September 24, 2015, the Defendant embezzled KRW 200,000,000, which was a victim’s money deposited in the new bank account under the victim’s name, to the Defendant’s account, and embezzled KRW 117 times in total by arbitrarily consuming the company funds for personal purposes, such as personal expenses, repayment of loans, and payment of the Defendant’s mother credit card price, from around that time to April 24, 2017, to the Defendant’s name.
Accordingly, the Defendant embezzled the corporate funds owned by the victim.
2. Since the Defendant in occupational breach of trust worked as an employee in accounting as described in paragraph (1) and was in charge of managing the corporate card with the above new bank in the victim’s name, there was an occupational duty to use the above corporate card only for the purpose of business for the company, such as purchase of office fixtures.
Nevertheless, the Defendant violated the above occupational duties, and around January 7, 2016, purchased 4 mobile phones from the above company's neighboring SK Telecom agencies for personal use without relation to the company's business, and settled 879,300 won of the purchase price of the mobile phone with the above company's card.