1. The Defendant occupational embezzlement: (a) from February 2, 2011 to November 12, 2012, the head of the management division is working in C (Representative D) Co., Ltd. (the victim of mobile phone wholesale business located in Jinju-si (the representative director D) who is the victim of mobile phone wholesale business; and (b) was engaged in the sales

On July 17, 2012, the Defendant transferred the mobile phone sales proceeds of KRW 12,960,000 from E, the president of the mobile phone trading company, to the Agricultural Cooperative (F)’s account in the name of the Defendant at the office of the said victim company, and used the said company for personal purposes, such as living expenses, at the time of having been kept for the said company.

Accordingly, the defendant embezzled the victim's property.

2. At around 19:00 on November 10, 2012, the Defendant used a computer, etc. to access the company bank account (G) in the name of the victim company by using a computer exclusive for accounting of the victim company established at the above office without authority from the office of the victim company, and then entered the password of the victim company’s authorized certificate password and the password of the OPT security card, and then transferred KRW 30 million from the company bank account in the name of the victim company to the agricultural bank account in the name of the defendant as stated in paragraph (1).

Accordingly, the defendant acquired economic benefits of 30 million won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A specification of transactions;

1. A copy of a transport invoice and details of sales of opphones;

1. Application of Acts and subordinate statutes of a list of savings deposit transactions;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense, and Article 347-2 of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes, and the reasons for sentencing;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of the type of basic crime: General Fraud Type 100,000,000;