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

Punishment of the crime

The Defendant, a victim of Chuncheon City, from October 1, 2010 to June 10, 2013, has been engaged in the management of funds, such as paying the said company’s taxes and treating employees’ benefits.

Around March 9, 2011, the Defendant paid KRW 221,208 of the oil price to E station in the foregoing D office, but on the daily table, stated that the oil price was paid KRW 321,208 as the oil price, and then withdrawn KRW 100,000 corresponding to the difference from the Agricultural Cooperative Account (Account Number F) in the name of D managed by the Defendant and used it for personal purposes, such as living expenses, around that time, and then consumed KRW 97,316,892 in the same way by the same method until June 5, 2013, as indicated in the list of crimes, from that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A complaint;

1. Application of Acts and subordinate statutes to a copy of an ordinary deposit passbook (D) and a copy of the daily balance sheet data by year;

1. Grounds for sentencing under Articles 356 and 355 (1) of the Criminal Act, comprehensively including relevant Articles of the Criminal Act and the choice of punishment;

1. Imprisonment with prison labor for not less than one month but not more than ten years, within the scope of punishment by law;

2. The scope of the recommended sentence according to the sentencing guidelines (the type of decision) shall be less than KRW 100 million (the decision on the recommended field] basic area [the scope of the recommended field] four months to one year and four months (the sum of the embezzled amount is less than KRW 100 million, and the scope of the recommended sentence shall be more than four months and not more than one year and four months).

3. There are favorable circumstances, such as the fact that the Defendant’s decision of sentence reflects the instant crime, that there is no criminal punishment, and that the Defendant repaid the amount of KRW 22 million out of the embezzled money.

However, while the defendant is in office as an accounting officer of the victim company, the amount of KRW 97 million for two years and three months.