A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On January 2018, the Defendant was entrusted by the representative C of Victim B Co., Ltd. (hereinafter “victim”) with the business affairs of the Victim Co., Ltd. (hereinafter “Co.”). On October 2018, the Defendant arranged a contract for the construction of building E between the Victim Co., Ltd and the owner D.

1. On October 12, 2018, the Defendant received KRW 220,000,000 from the above D to the account under the name of the Defendant for the construction cost, and transferred 50,000,000 to the said account on or around the 23th day of the same month and kept for the victim. On or around October 23, 2018, the Defendant distributed KRW 110,000,000 among them to the victim and embezzled the remainder under the name of personal debt repayment and living expenses.

2. On November 22, 2018, the Defendant received a transfer of KRW 330,000,000 from the above D to the account under the name of the Defendant for the payment of the construction cost, and kept for the victim. On the same day, the Defendant distributed KRW 300,000 to the victim and embezzled the remainder of KRW 30,000 for personal debt repayment and living expenses at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to investigate and report on account transactions in the name of the defendant (to submit a suspect A account withdrawal money under the name of use);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of recommending areas and the scope of recommendations] shall be mitigated in cases of embezzlement and breach of trust [the type 2], the amount of 10 million won or more, the amount of less than 500 million won [the amount of special punishment], and the amount of mitigation (the amount of recommendations and recommendations).