The Defendant served as the director in charge of accounting from April 1, 1993 to January 30, 2017, and from January 31, 2017 to October 31, 2017, the Defendant was in charge of lease management, accounting management, etc. at E Co., Ltd. operated by the victim B in Seongbuk-gu Seoul and D.

On March 10, 209, the Defendant prepared a written resolution of disbursement of KRW 15,596,670 at the above E office to obtain approval from the victim, and entered the column of deposit amount in the F Bank Dong branch under the above disbursement resolution as “19,596,670 won” differently from the above disbursement resolution, and embezzled KRW 4,00,000 from the F Bank Account (Account Number: G) in the name of E in the course of business custody by the Defendant’s withdrawal of “19,596,670 won” in the F Bank Account (Account Number) in the name of E in the course of business custody, and embezzled it for a total of KRW 501,80,000 from around that day to October 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to certificates of deposit transaction records, written resolution of disbursement, statement of deposit transfer, and copies of the remittance table;

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 15256, Dec. 19, 2017); Articles 356 and 355(1) of the Criminal Act (including the case) concerning the relevant crime

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the types of embezzlement and breach of trust (at least 50 million won but less than 5 billion won) (the scope of the recommended punishment] 2 years to 5 years (the basic area).

3. Determination of sentence: Imprisonment with prison labor for a period of two years and six months shall be recognized for the instant crime.