A defendant shall be punished by imprisonment for three years.

Punishment of the crime

From April 1, 201 to August 5, 2015, the Defendant was in charge of accounting, personnel management, and general affairs as the head of the management support team in Victim I Co., Ltd. (hereinafter “victim Co., Ltd.”) from around April 1, 201 to around August 5, 2015, and was engaged in related affairs, such as the use and settlement, while possessing the corporate card of the Victim Co., Ltd., and was in duty to prevent damage to the Company by using the corporate card only for the purpose related to the business of the Victim Co., Ltd.

Nevertheless, on June 1, 2015, the Defendant violated his duties and purchased gift certificates of KRW 710,000,000,000 in total amount from the victim company’s corporate card (Mo card, J) at the department store head office of the department store, and used them as personal equity investment funds, etc. by the Defendant, including purchase of gift certificates of KRW 71,00,000 in total face value by 10 times until the 16th day of the same month, as indicated in the attached crime list.

Accordingly, the defendant acquired the above card's large amount of KRW 710 million and suffered property profit equivalent to KRW 70 million, and suffered property damage equivalent to the same amount from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by K in the protocol of interrogation of the suspect to the defendant by the prosecution;

1. Application of Acts and subordinate statutes to the police statement protocol to K;

1. Grounds for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (2) (including provisions) of the Criminal Act for the relevant crime;

1. The scope of punishment by law: Imprisonment with prison labor for not less than three years nor more than thirty years;

2. Scope of the recommended punishment according to the sentencing guidelines [type determination] shall be from 50 million won to 5 billion won (type 3) earned from the crime of misappropriation (type 500 million to 5 billion won) (type 3] mitigated factors: There is no record of criminal punishment [the scope of the recommended punishment] from 2 years to 5 years (basic area).

3. Determination of sentence: The victim company of three years shall be subject to imprisonment;