A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

From February 11, 2016 to August 26, 2017, the Defendant, as an accounting employee of the “H” in the operation of the Victim G G in Incheon City, has been managing two accounts of the Nonghyup Bank in the name of the victim (Account Number: I, J) and one account (Account Number:K) in which the company’s operating funds are deposited.

On April 14, 2016, the Defendant arbitrarily transferred KRW 3,000,000 from the Nong Bank account (Account Number: I) kept in custody of the victim at the above H office to the creditor of the husband L Bank account in the name of the husband.

From around that time to August 14, 2017, the Defendant’s list of offenses in attached Form at the above office.

1. to 1.

3. The sum of KRW 145,395,580 in total from the accounts kept for the victim by the same method over 106 occasions as indicated was arbitrarily transferred and used for the purpose of personal debt repayment, card payment, living expenses, etc.

Accordingly, the defendant embezzled the company operation fund of the victim who was under his business custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on investigation (for specifying the amount of damage);

1. Each investigation report (to be accompanied by data submitted by a complainant);

1. Investigation report (the specification of the amount of embezzlement);

1. Inquiry into details of account transactions and the results of account transfer;

1. Application of Acts and subordinate statutes on transfer details;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where a significant damage has been restored to the area of mitigation (six months to two years) in the area of special mitigation (six months), between six months and two years), the scope of the recommended punishment according to the sentencing guidelines for occupational embezzlement;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The amount of damage is about KRW 145 million.