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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 2, 2011, the Defendant entered the Victim B around September 2, 201 and was in charge of accounting affairs such as receipt and disbursement of funds until he retires on May 30, 2016.

On December 30, 2011, the Defendant, at the damaged office located in Seocho-gu Seoul Metropolitan Government, returned the travel expenses for employees to a new bank passbook in the name of the Defendant, and did not transfer the business travel expenses to the passbook of the victimized company during the custody of the Defendant, and spent voluntarily the Defendant’s living expenses, etc. at that time, from that time until February 28, 2016, the Defendant spent them for the travel expenses and employees of the said employees returned 31 times as shown in the list of crimes in the attached Table, from that time until February 28, 2016. The Defendant spent the amount of KRW 64,469,50 in total, such as the cash, etc. deposited by the Defendant using the corporate card at the time of the National Bank ATM of the Korean Bank.

Accordingly, the defendant embezzled the funds of the damaged company in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The details and amount of the accusation, embezzlement;

1. The application of Acts and subordinate statutes to each investigation report (to hear statements filed by complainants, and to attach certified copies of registers of B offices of a stock company);

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

1. The main sentence is to take into account the following circumstances: (a) the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] type 1 (100 million won or less); (b) the mitigated area (one month or October) / (the person subject to special mitigation] where the punishment is not or significant damage is recovered (the decision of sentencing); (c) the amount of embezzlement is fully repaid; (d) the victim does not want the punishment by mutual consent with the victim; and (e) the criminal first offender who had no criminal history prior to the instant case; and (e) the Defendant’s age, sexual behavior, environment, family relationship, motive and consequence of the crime; and (e) other circumstances that form the condition for sentencing as specified in the trial process of the instant case.