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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On February 7, 2014, the Defendant was sentenced to two years of imprisonment for occupational embezzlement, etc. at the Seoul Northern District Court (Seoul Northern District Court) and was released on June 30, 2015, and the remaining term of imprisonment was expired on August 23, 2015.
From July 2015 to March 2017, the Defendant worked as a staff member of the victim D Co., Ltd., a sales agent of the apartment house C, and was engaged in the receipt and management of the purchase price.
On December 30, 2015, at the D Co., Ltd. sales office located in Sungsung-si around December 30, 2015, the Defendant sent a text message to the effect that the said apartment unit F sent an intermediate payment account to F, which is an account in the name of the Defendant, and then received KRW 10,000,000 from the said F, and received an intermediate payment of KRW 10,00,000 from the said F in the name of the Defendant for the sake of the victim company, and used daily living expenses, etc. at around December 30, 2017, from that time to March 8, 2017, the Defendant arbitrarily used KRW 371,158,050 in total over 56 times, as shown in the attached list of crimes, from March 8, 2017.
Accordingly, the defendant embezzled the property in the course of business for the damaged company.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Current status of the payment of complaint forms and sales proceeds;
1. Statement of the complainant and the current payment status of sale price;
1. The intent of the complaint, a statement supplementing the reason for the complaint, and a written confirmation of facts;
1. A written additional petition;
1. A statement of transactions with a national bank, a statement of transactions with a suspect bank, a statement of transactions with a suspect's personal counsel, and a statement of transactions with a suspect SC bank;
1. A statement of transactions under the name of the person under consideration, and a statement of transfer transferred to the complainant company;
1. A statement of investigation reports (the confirmation of the amount returned by the accused to the company that is the complainant), embezzlement, and the details of return of the amount of damage;
1. A criminal investigation report (verification of the amount of damage inflicted upon H), and a statement of bank transactions submitted by H;
1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (the date of parole), personal confinement status, case summary information, and each of the court rulings.