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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant, from March 2002 to December 201, 201, is a person who actually operated the Victim (P)C (Representative Director D) from March 2002 to was engaged in the overall management of corporations, such as corporate funds and accounting management, while operating the “F” and the “H” located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; and I is a person who, around March 2002, invested KRW 340 million in the above corporation and owns 50% of the C equity and is in a partnership relationship.
1. Around November 19, 2007, the Defendant, while operating the “H” as of November 19, 2007, embezzled KRW 175,024,30 through 158 times from that time to May 23, 201, by withdrawing KRW 1,500,000, which was put in (ju)C under the name of the Defendant’s custody of the corporate funds for the business, as if he were returned, by means of accounting settlement as if he were returned, and then arbitrarily consumed and embezzled the amount for personal use, as indicated in the list of crimes in the attached Table, and embezzled KRW 171,534,300 in total by withdrawing KRW 3,490,00 from that time to May 23, 2011.
2. On November 18, 2009, the Defendant: (a) followed the auction procedure for a building that had been leased after entering into a lease agreement with the owner of the building; (b) transferred KRW 39,413,547, which was paid out of the successful bid price to the account in the name of one bank under the name of (C) and embezzled KRW 35,00,000, while being kept in custody for the said victim for business purposes; and (c) returned the amount in the form of a half-yearly deposit by the representative director, and then wrongfully consumed it for personal purposes.
3. On May 31, 201, the Defendant transferred the said “H” to J, received KRW 312,972,00 with such transfer proceeds, and then embezzled KRW 104,208,840 with such transfer proceeds, KRW 169,819,913 for the said victim while he/she was in custody for the said victim as well as KRW 169,819,913 for personal use.
Accordingly, the Defendant embezzled total of KRW 380,767,760 over three occasions.
Summary of Evidence
1. Partial statement of the defendant;
1. A witness;