A defendant shall be punished by imprisonment for one year.

Criminal facts

The defendant is a person who works for the victim E, the victim of the Songpa-gu Seoul building and the D operation of the Songpa-gu Seoul Metropolitan Government, and manages travel expenses, etc. from customers.

On February 28, 2018, the Defendant: (a) received KRW 600,00 from F, a customer of the Victim E Co., Ltd., to deposit in the personal account under the name of the Defendant; (b) and (c) embezzled KRW 189,50,40 in total, which was kept in business from January 11, 2019, as shown in the attached crime list, arbitrarily consumed and embezzled KRW 189,50,40.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the accused (including the contents written in D)

1. Statement made to D by the police;

1. The details of embezzlements of the G Bank A and the details of embezzlements of the H Bank A prepared;

1. Application of the Kakao Stockholm dialogue (Evidence Nos. 22), application of the law to the list of evidence submitted by the suspect (Evidence No. 24);

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor) in relation to the relevant criminal facts;

1. Aggravation of the recommended punishment according to the sentencing guidelines: Scope of the punishment for embezzlement and breach of trust (decision of type), the group of crimes for embezzlement and breach of trust, the group of types 2 (the amount between KRW 100,00 and KRW 500,00): None of the increased factors and mitigation factors: None of the respective factors (generally multiple factors): Where the crime for embezzlement is committed: The mitigated factor: The serious reflectness, and no record of criminal punishment [the scope of recommending punishment]: One year to three years;

2. Determination of sentence [Incompetence] The Defendant embezzled the amount equivalent to KRW 190 million for a period of up to 11 months by receiving travel expenses, etc. from customers in his/her own account while working in the victim company. In light of the content, period, frequency, etc. of the crime, the crime is not good and the embezzlement amount exceeds 190 million won, and even if the Defendant deducts the Defendant’s repayment to the victim company, the amount of unrepared damage is substantial and agreed with the victim company.