A defendant shall be punished by imprisonment for six months.

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

Criminal facts

Some of the facts charged were corrected.

From February 16, 2015 to September 18, 2018, the Defendant is a person in charge of the management, storage, and supply of medical expendable goods while working as a business team member at the Victim B Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”).

On May 23, 2016, the Defendant arbitrarily released 3M (such as 3M) warehouses and sprinks from the warehouse of the victim company located in the first floor of Gangnam-gu Seoul Metropolitan CA building, and sold 30,060,000 won from D to E, which was transferred from D to the national bank account (F) in the name of the Defendant for sales proceeds, and voluntarily consumed for the personal purpose of the victim company at around that time. From around that time to December 6, 2017, the Defendant arbitrarily consumed KRW 38,920,000, total amount of money stored for the victim company for the business purpose by the above method as shown in the attached list of crimes, from that time to December 6, 2017.

Accordingly, the Defendant embezzled the property owned by the victim in breach of his duty.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to account transaction statement (167 pages);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of applicable sentences under the law for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of recommended sentences according to the sentencing guidelines for 1 month to 10 years [decision of types] the crime of embezzlement and breach of trust [type 1] and the mitigated elements of less than KRW 100,000 [special sentencing] [where a significant portion of damage has been recovered [the area of recommendation and the scope of recommended sentences] mitigated areas, imprisonment for 1 month to 10 months [the general person] aggravated factors: embezzlement.