The punishment of defendants shall be six months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From July 4, 2016 to November 16, 2016, the Defendant served as the director in charge of the advertising affairs at the online business headquarters of D (hereinafter referred to as D) located in Gangnam-gu Seoul Metropolitan Government 38 from July 4, 2016.

On July 28, 2016, the Defendant stated that “The Defendant would request the E-subsidiary and director F to advertise Company G (hereinafter “G”) which is an advertising company” to the E-subsidiary and director F at the D office.

E and F have believed the horses, remitted 2.3 million won for advertising expenses to the account in G name with D funds, and the Defendant subsequently requested that H, who is a G operator, return advertising expenses remitted to another company.” The Defendant received a refund of advertising expenses upon the request of “a refund of the remitted advertising expenses due to the request for advertisement to the other company.”

However, the defendant thought to use the returned advertising expenses individually and did not intend to actually request the advertisement.

The Defendant, as well as this, received 28,255,000 won from G to November 18, 2016, out of the funds executed by the victim D at advertising expenses eight times, as shown in the annexed crime sight table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including H);

1. Statement made by the prosecution against E;

1. Statement made by the police with respect to F (E);

1. Application of Acts and subordinate statutes for investigation report (the Eline for Staff of the complainant);

1. Article 347 (1) of the Criminal Act (including Article 347 (1) of the Criminal Act);

1. Determination of a suspended sentence under Article 62 (1) of the Criminal Act;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to one year and six months;

2. Decision of punishment: to recognize errors;

There is no criminal experience.

Most of the damages were recovered, and the defendant did not have any profit.

It shall be taken into account that family members have been in need of money and had been economically difficult circumstances.