A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant is a person who was dispatched from November 201 to March 2013 to a victim C (hereinafter “victim”) branch of the Philippines and served in D and was engaged in the duties, such as reservation, operation, and fund-raising management.

On February 19, 2013, the Defendant embezzled the sum total of KRW 1,896,850 ( approximately KRW 50,500,00 in the Republic of Korea), among the above amounts, of KRW 145,000 ( approximately KRW 3,864,250 in the Republic of Korea) in the Republic of Korea for the victim company, while the Defendant received from the customers the F consortiums and E consortiums fee of KRW 305,700 ( approximately KRW 8,146,90 in the Republic of Korea) and kept them for the victim company. From that time to March 3, 2013, the Defendant embezzled the Republic of Korea for the sum of KRW 1,896,850 in the Republic of Korea ( approximately KRW 50,505,00 in the Republic of Korea) as indicated in the list of crimes as follows.

범죄일람표 연번 명목 수금액수(페소) 횡령액수(페소) 사용처 1 E, F 컨트리클럽 이용료 305,700 145,000 생활비 등 2 “ 167,000 52,000 “ 3 “ 202,600 92,000 “ 4 “ 338,000 168,000 “ 5 “ 284,250 123,250 “ 6 “ 442,850 227,500 “ 7 “ 170,800 80,000 “ 8 “ 105,100 56,100 “ 9 “ 451,100 213,100 “ 10 “ 652,400 342,400 “ 11 “ 583,450 287,500 “ 12 “ 235,300 110,000 “ 합계 3,938,550 1,896,850 횡령 액수 합계 1,896,850 필리핀 페소 한화 약 5,050만 원 상당 (당시 환율: 1 필리핀 페소 ≒26.65원) 증거의 요지

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Entry of the defendant in G in the interrogation protocol of the prosecution;

1. The police statement of H;

1. The application of the Acts and subordinate statutes on the filing of a complaint, such as account books signed by the suspect and I, details of entry into and withdrawal from a cooperative, ECC sales and deposit;

1. Relevant legal provisions for criminal facts, Articles 356 and 355(1) of the Criminal Act for the choice of punishment, the reasons for sentencing of imprisonment (decision on the recommended area), embezzlement and breach of trust, less than KRW 100 million (type 1), and the reasons for sentencing of imprisonment.