However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

From July 2013, the Defendant is an employee belonging to the headquarters for the business management of the victim D Co., Ltd. in the 8th floor of Yeongdeungpo-gu Seoul Metropolitan Government, who has been engaged in the overall fund management of the victim company.

On January 2, 2014, while the Defendant kept management funds of a company kept in the bank account (Account Number: E) in the name of the victim company in the office of the victim company on behalf of the victim company, the Defendant transferred 130 million won to the national bank account (Account Number:F) account in the name of the defendant on the same day, and used again in the manner of transfer to the same securities option transaction account (Account Number: G) account in the name of the defendant, and used it in the manner of the gift and option transaction, and then transferred KRW 90 million around August of the same month, and KRW 50 million around September of the same month to the above national bank account in the name of the defendant, and used it for the purpose of repayment of personal debt.

Accordingly, the Defendant embezzled the sum of the funds of the victim company to KRW 816 million in the course of business while in custody.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. Application of each transfer certificate and personnel record sheet attached to a complaint, the details of his/her financial transactions, the balance of futures/observers, and the details of transactions, and the second police statement attached to H on the second police statement (Evidence No. 7) attached to the complaint;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the crime concerned;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Application of the sentencing guidelines [Determination of Sentencing] 50 million won or 5 billion won (type 3) [Special Convictd Persons] Prohibition of Punishment (Special Convictd Persons) (General Convictd Persons) and there is no record of criminal punishment and criminal punishment.