A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Since 2011, the Defendant served as the chief of accounting department who received the benefit of KRW 2 million every month from the victim D limited liability company in Geumcheon-gu Seoul Metropolitan City, Seoul Metropolitan City, and was in charge of all the affairs related to the company's finance.

Since the Defendant, an operator of the above company, was in charge of the business of sending the statement of benefits confirmed by E to the former bank, and allowing each employee to pay benefits to the former employee as stated in the statement of benefits, the Defendant had a duty to accurately write down the benefits to be paid to each employee and send them to the former bank as confirmed by E.

Nevertheless, the Defendant, on February 27, 2012, prepared a statement of salary of employees and obtained confirmation from E, in violation of the above occupational duties, sent the file of salary statement, which changed the Defendant’s salary of KRW 3 million to the person in charge of the former bank by electronic mail, and received KRW 3 million from the victim’s account on the same day to the Defendant’s account on the same day. From around that time to March 27, 2013, the Defendant acquired profits equivalent to KRW 14 million per month in total for the same period from around 14 months to March 27, 2013.

Accordingly, the defendant acquired property benefits equivalent to KRW 14 million, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor’s statement of E;

1. The contents of the results of the overall processing of the agency work, and the results of the collective processing of the evidence list Nos. 4 are clear that the “matters of the results of the overall processing of the agency work” is a clerical error in

Application of Acts and subordinate statutes to the Benefit Calculation Register

1. Relevant Article of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of criminal facts (generally, the choice of imprisonment with prison labor);

2. Consideration of the circumstances favorable to the defendant for the reason of sentencing under Article 62(1) of the Criminal Act;

3. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under the law: Imprisonment from one month to ten years.