Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On February 22, 2013, upon the request of the victim E who actually runs the business, the defendant opened an account in the name of the defendant for the purpose of managing the above company's funds, opened an account in the name of the defendant, and the victim transferred the passbook and password to the above account to the victim and managed the funds owned by the victim.

At around 11:00 on April 25, 2013, the Defendant kept company funds for the said victim by receiving 68,045,000 won of the construction cost from the White Corporation, Inc., Ltd., a customer of D’s account in the Gyeongnam-gun G building parking lot in Ulsan-gun, Ulsan-si, the Defendant embezzled 82,456,000 won, including 14,41,000 won, which had been existing with the Defendant’s mobile phone access to the Gyeongnam-gun Internet Bank Internet banking System at around that time, and then transferred 82,41,00 won, including 14,41,000 won, to the new bank account (H account) under the Defendant’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, I, and J;

1. Details of transactions of passbook A Gyeongnam Bank;

1. Application of the statutes on response data from Gyeongnam Bank and the new bank;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Since a repeated crime is committed only one month after the expiration of the period of parole under Article 334(1) of the Criminal Procedure Act, a sentence of statutory penalty is inevitable when a person selects imprisonment.

However, it is proved that the victim agreed with the victim, the full amount of the damage is compensated, and the victim wants to use the prior wife, and the victim provided the motive for the crime by lending the name of the business from the defendant, and it is a tax issue.