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

Criminal facts

[2013 Seniors 1280] The Defendant is a person who served as a clerical staff at the office of a certified judicial scrivener from June 2005 to July 2012, 2012.

On May 9, 2012, the Defendant was delegated by the representative director F of the said company with respect to the application for compulsory execution, etc. according to the mediation protocol (the voluntary mediation to pay KRW 100 million to the damaged company in five installments) from the Gwangju High Court on June 28, 2011 in relation to the dispute over the construction price between the obligor for the construction price and G in relation to the said company, the Defendant was delegated by the representative director F of the said company’s E office located in Geumcheon-gu, Seoul Special Metropolitan City.

1.(a)

On October 16, 2012, the Defendant received KRW 50 million from the said G to pay the construction cost to the victimized company at the mar-si Masan-si, Jeonju-si, Jeonju-si, and kept it for the victimized company, and around that time, remitted KRW 20 million to the victimized company, and then consumed the remainder KRW 30 million in his debt repayment, etc.;

B. In addition, around February 4, 2013, after receiving remittance of KRW 25 million from the above G for the same payment of the construction cost from the victim company, and thereafter, at that time, the victim company remitted only KRW 20 million to the victim company, and the remaining KRW 5 million was embezzled by voluntary consumption in his/her debt repayment, etc.

2. The Defendant, based on the above protocol, embezzled the amount of KRW 4 million,00,000,000,000,000,000,000 from the victimized Company as a result of the advance payment of expenses recommended by the applicant for compulsory execution pursuant to the Jeonju District Court 201Da2433, Aug. 1, 2012; and the amount of KRW 1.1 million around October 25, 2012; used the amount of KRW 3.3 million out of the amount; and used the remainder of KRW 1.8 million as the above amount for the victim on February 6, 2013, while the Defendant kept the said amount for the victim, he/she voluntarily withdrawn the application for compulsory execution in accordance with the implementation of the above G protocol, and thus, was returned to the victimized Company on February 12, 2013.

[2] The defendant is the defendant on June 1, 2006.