A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

Since September 14, 2018, the Defendant has been managing the funds of the company invested by many investors, such as E, as internal directors of (State) D in Gangnam-gu Seoul building C.

On November 21, 2018, the Defendant transferred KRW 42,1580,000,000 from the said company’s account to the Defendant’s name Nong Bank (F) account at random, among the funds kept in business for the victim(s)D.

Accordingly, the Defendant embezzled KRW 422,1580,000, which was kept on behalf of the victim company.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning G;

1. A complaint;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the reasons for sentencing selective to imprisonment with labor;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment] (the type of embezzlement and breach of trust] (the type 2], the amount of at least 100 million won, the amount of less than 500 million won [the scope of the recommended area and the recommended amount], the basic area of the recommendation [the scope of the recommended area and the recommended amount], and one to three years of imprisonment;

2. The Defendant’s erroneous determination of sentencing is recognized, and there is no criminal record.

However, even according to the defendant's change in the defendant's lawsuit, the defendant becomes the representative director in the name of D and became the representative director of D and became the same person to receive a large amount of money in lieu of being subject to criminal punishment later, and he withdraws all the money in the deposit account in the name of D and locked to make the same profit as he/she did not receive the promised money. In the end, there is little room for consideration in light of the background that the defendant caused the crime in accordance with the principle of unjust profit, and there is no good character in the crime.

Up to 130 million won during the period remaining one year even though the defendant is recognized to have spent directly due to the repayment of debts, living expenses, etc.

Deposits that have been withdrawn by the defendant shall be.