A defendant shall be punished by imprisonment for not more than ten 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 October 2010, the Defendant, while working as a director in charge of funds of the Victim C Co., Ltd. (hereinafter referred to as “C”), withdrawn cash from the account under the name of C representative director D, or transferred the transaction amount to the account of a private person A by pretending that C’s transaction amount to the account of a private person A, and again returned to A’s personal account. During the process of raising the funds in accordance with the instructions, the Defendant, as seen above, remitted the transaction amount to the customer by withdrawing the transaction amount as above to the Defendant’s personal account and received some of the amount from the Defendant’s personal account to use it for private purposes such as living expenses.

On October 28, 2010, the Defendant transferred KRW 18,700,000 from the above G to the corporate bank account (H) in the name of the C business entity bank account in the name of the C business entity bank account (F) of the victim, while keeping the funds owned by the victim in the account of the C business entity bank account of the victim, and then voluntarily consumed the amount of KRW 1,70,000 from the said G to the corporate bank account (I) in the name of the Defendant on October 28, 2010.

In addition, the Defendant voluntarily consumed the total amount of KRW 58 million from October 28, 2010 to August 6, 2013, as shown in the attached Table 3 list of crimes, and embezzled it for personal purposes for 10 times in the same manner while he/she was in custody for a victim, as in the attached Table 3.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of each account transaction, a detailed statement of transaction, and a statement of entry into and departure from each account;

1. Application of each statute on the details of embezzlement;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of the recommended sentence] Type 1 (100 million won or less) basic area (4 months or one year or four months) [no person in charge of special sentencing] [decision of sentencing] Defendant arbitrarily consumes the company’s funds.