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

Punishment of the crime

The Defendant, as the former duties of the Victim C Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) (hereinafter referred to as “victim Co., Ltd”), engaged in the management of service expenses that the said company received from the customer.

On June 30, 2015, the Defendant received KRW 5 million from the victim company to receive facility management services from the victim company as deposit of the facility management services from the victim company to the Saemaul Treasury account in the name of the Defendant, and embezzled it for the victim company by using it for personal purposes, such as living expenses, etc. around that time.

In addition, from the above day to March 18, 2016, the Defendant received a total of KRW 46,065,300,00 from the account in the name of the Defendant’s personal account as stated in the attached crime list over a total of 10 times by the above method, and embezzled the Defendant’s personal account on behalf of the victim company by using it as living expenses, loans, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (for example, 14, 18);

1. Details of account transactions, and application of each tax invoice statute;

1. Relevant Articles 356 and 355(1) of the Criminal Act regarding criminal facts (comprehensive imprisonment), comprehensively takes account of the following factors: (a) the scale of punishment; (b) the victim’s wish to punish the victim; and (c) there is no record of criminal punishment for the same kind of crime; and (d) there is no record of criminal punishment for the same type of crime; (b) the details of the crime committed in the record and pleading; and (c) the details of the crime committed; and

Although there are reasons to be considered in sentencing, as shown in the evidence, the establishment of embezzlement is not possible as long as an employee is against the victim’s will and exceeds the consignment relationship.

In addition to various circumstances, such as effort to recover damage and reflect attitude, the sentencing guidelines is within the basic scope of the Sentencing category 1 (less than KRW 100 million).