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

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

From March 2013, the Defendant has been working as an employee of the Victim E Co., Ltd., Ltd., Ltd., located in Overcheon City from around March 2013, assisting C, the representative director, and engaging in the business of raising and withdrawing company funds.

Around October 2013, the Defendant received one credit card of a national bank, a corporate card, from the above company, to use the above Defendant’s business in relation to the above Defendant’s business for the progress of the photographing site, such as advertising conducted by the company, and thus, the Defendant violated his/her duties despite the occupational duties to use it only for the purpose of the company’s business, and thereby, he/she paid at his/her own discretion an amount equivalent to KRW 6,000 for personal purposes at the coffee shop in front of the company at around October 4, 2013 and paid it with the above corporation card at his/her own discretion from October 10, 2016 to October 10, 2016, the Defendant acquired property benefits equivalent to the above amount by paying a total of KRW 86,493,219 through the above corporation card at his/her own discretion for personal purposes, as stated in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A written statement;

1. Application of Acts and subordinate statutes on the use of national cards;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of criminal facts;

1. Criteria for sentencing for the reasons of sentencing (the scope of recommending punishment is not reasonable because the scope of liability for compensation is unclear) under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation [the scope of recommending punishment] type 1 (the scope of recommended punishment is less than KRW 100 million) in the basic area (from April to January 4) (the scope of recommended punishment is less than KRW 100), the following conditions of sentencing, including the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by comprehensively taking into account the following circumstances:

- The period of crime reaches three years, respectively.