The Defendant served as a person in charge of accounting affairs in Jongno-gu Seoul Building B and the Victim D Co., Ltd., and from April 2013 to February 22, 2015, and served as an internal director from February 23, 2015 to May 20, 2019. The Defendant has been engaged in the management of the corporate account, the management of money deposited and withdrawn, and tax-related affairs.

On February 9, 2014, the Defendant arbitrarily used KRW 231,585,513 by the same method over 118 times from around that time, as described in the attached list of crimes, while keeping the company’s funds in custody at the above company office, and remitting KRW 317,60 from the E bank account (F) to the E bank account (G) in the name of the victim to use it for personal purposes, such as living expenses, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to investigative reports (revision of the amount of embezzlement and preparation and reporting of a list of crimes);

1. The relevant Article of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment with prison labor, and the grounds for sentencing;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of a type) [the type of embezzlement and breach of trust] shall be embezzlement and breach of trust [the type 2], the amount of at least 100 million won, the amount of less than 500 million won [no special person] [the area of recommendation and the scope of recommended punishment], the basic area of the recommendation, and one to three years of imprisonment.

3. Determination of sentence: The amount of damage inflicted upon the victim by the instant crime reaches KRW 231,585,513 in total, and the said damage has not been completely recovered until now;

[Defendant expressed his intent to offset the amount of damages arising from the instant crime against the victim within the scope of equal amount (Evidence No. 149 of the Evidence Records, however, the above damage claim, which is a passive claim).