The Defendant, from June 16, 2014 to December 2015, worked as a person in charge of the accounting of the E-House sales office of the victim D (State) E-E apartment sales office located in Jin-si from Jun. 16, 2014, was in charge of collecting the sales price by receiving the sales payment, etc. from the E-House sales agent in cash and depositing it into the account of the victim corporation on the same day.

On September 23, 2014, the Defendant received KRW 900,00 from F to the seller of the apartment sales contract No. 206 904, 206-dong apartment sales contract at the E-sale office, and kept in office for the victim corporation. Around that time, the Defendant voluntarily consumed the above money as living expenses. From September 23, 2014 to August 3, 2015, the Defendant embezzled the contract deposit, etc. for sales options, etc. paid from the above apartment sales agent from the victim corporation’s account without depositing the above money into the victim corporation’s account as shown in the crime list, and embezzled 14,524,00 won in total 74 times in the manner of voluntary consumption for expenses for sexual surgery, automobile purchase, overseas travel expenses, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by each prosecutor to H and I;

1. Each police statement to J or K;

1. A full statement of insured status history;

1. The details of the agricultural bank account, details of the use of the modern card, personal immigration status, and text messages of the amount of sexual surgery expenses;

1. Each E supply contract, receipt, and account list [the defense counsel and the defendant asserted that the amount of embezzlement of the defendant is KRW 80 million, but the facts constituting the crime can be found according to the above evidence, and thus the defense counsel and the defendant's assertion cannot be accepted.]

Application of Statutes

1. Relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act, grounds for sentencing of sentence of imprisonment [the scope of recommending sentence] Class 2 (not less than 100 million won but less than 500 million won) and the basic area (one year to three years) [the person who is in charge of special sentencing] (the decision of sentencing] is larger than the amount of embezzlement.