A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[2015 Highest 5366] The Defendant, from January 12, 2004 to April 29, 2014, was in office as the representative director of the Victim F Co., Ltd. (hereinafter “victim”) for the purpose of manufacturing and selling children’s clothes, and was in general in charge of the management of the company’s funds and the execution of funds.

The Defendant falsely listed G’s seat manager, who is the head of the planning office of the victimized Company, as a staff member of the victimized Company, and received money as his salary and embezzled it. On February 25, 2008, the Defendant instructed the person in charge of the execution of the funds at the office office located in Gangnam-gu Seoul, Seoul, to enter it in the employee list and pay ledger as if he is an employee even though he is not an employee of the victimized Company, and then transferred KRW 3,009,930 from around that time to January 8, 2013, the Defendant arbitrarily used it for the personal purpose of the Defendant at least 75 times as indicated in the attached list of crimes, including transfer of KRW 345,30,540 to I, M, N, andO accounts in the name of the victimized Company.

Accordingly, the Defendant embezzled money of KRW 345,300,540 by arbitrarily using the damaged company's money while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to P and Q;

1. A written statement of R and S Preparation;

1. Details of payment of old-age employees' benefits, ledger of F salary in the bank for the settlement of accounts, and detailed statement of account transactions;

1. Investigation report (to listen to statements by witnesses, and to telephone communications by the current representative director of the FSC) and the application of statutes;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (comprehensive imprisonment with labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing Criteria for sentencing under Article 62-2 of the Social Service Order Criminal Act: Embezzlement, breach of trust, Type 2 (at least KRW 100 million, less than KRW 500 million), basic area, one year to three years of imprisonment, etc. include imprisonment with labor due to property crimes, etc.