A defendant shall be punished by imprisonment for one year.

Punishment of the crime

From December 28, 2006 to September 17, 2010, the Defendant, who was in charge of fund management as accounting staff of the victim D Co., Ltd. from around December 28, 2006, was able to arbitrarily use the damaged Co., Ltd’s funds for the payment of the contribution and the purchase of gift for the teachers.

On January 17, 2010, the Defendant used KRW 180,000 as the purchase price of cosmetics to donate to the instructors and former directors of the above E-S. Association, while taking over funds deposited in the bank account (G) in the name of the victimized company in the office of the victimized company in the name of the Defendant to the personal account and keeping the funds for the victimized company for the damaged company.

In addition, from around that time to September 15, 2010, the Defendant arbitrarily consumed total of KRW 235,624,590 by the same method 73 times, as indicated in the separate crime list, and embezzled each of them.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. As to the investigation report (as to the specification of the damage amount);

1. Complaint;

1. Each written confirmation of transfer;

1. Application of Acts and subordinate statutes to the details of the embezzlement of new banks, the details of the embezzlement of national banks, and the details of the embezzlement of the same kind;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. The scope of punishment: Imprisonment with prison labor for not more than 15 years;

2. Scope of the sentence recommended on the sentencing guidelines [type of crime] Embezzlement, and the mitigated element of the type 2 (not less than 100,000 won but less than 500 million won) from among the crimes of embezzlement and breach of trust (special scams): Recovery of considerable damage (general scams): Reduction element of the mitigated range of the sentence [decision of the scope of the recommended sentence] that there is no record of criminal punishment.

3. Determination of sentence: One year of imprisonment with prison labor has no record of punishment against the defendant; the defendant is waiting to commit the crime of this case and is against his mistake; and the defendant is on a deposit basis.