A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant is a person who has been engaged in the sales of goods as a victim corporation D (hereinafter “victim Company”) in Yeongdeungpo-gu Seoul Metropolitan Government as a business employee.

On November 10, 2016, the Defendant supplied 185 monitors to F Co., Ltd. located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and embezzled KRW 5,550,000,000 received as the price for goods for the victim company while on duty.

2. Fraud;

A. On June 29, 2016, the Defendant made a false statement to the victim company G’s representative director G at the victim company office located in Yeongdeungpo-gu Seoul Metropolitan Government, stating, “The Defendant borrowed only KRW 2 million of the company’s capital because there is an urgent problem in the house.”

However, in fact, the defendant was planned to use money on the Internet gambling, and there was no intention or ability to pay money even if he borrowed money from the victim company due to the lack of credit standing.

The defendant deceivings G as above and received 2 million won from the victim company to the national bank account in the name of the defendant.

B. On November 18, 2016, the Defendant would pay KRW 10 million to G at the place indicated in Section 2-B around November 18, 2016, in accordance with the manner of lending KRW 10 million to G.

“A false representation was made.”

However, in fact, the Defendant was planning to avoid the demand for personal debt and to use the money for gambling in the Internet by lending money from the victim company, and did not have the intention or ability to pay the money even if he borrowed money.

The Defendant deceivings G as above and transferred KRW 10 million from the victim company to the Defendant’s corporate bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. To apply two Acts and subordinate statutes in response to requests for the provision of financial transaction information, etc., a certificate of borrowing, confirmation letter, and deposit certificate;

1. Article 356 of the Criminal Act applicable to the crime, Articles 355(1) of the Criminal Act (the point of occupational embezzlement) and Article 347 of the Criminal Act.