A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Punishment of the crime

From around 2009 to 2011, the Defendant worked as the director in charge of accounting in the Corporation B, a victim of the complete city C located in the Jeonsan-gu, Seoul, and was engaged in overall control over the funds of the victim company.

On October 9, 2009, the Defendant stated KRW 2,00,000 of the Company’s funds kept in the account of the said Company in the account of the said Company as “E as if it were a transaction with a normal customer” in the statement of the passbook, and actually remitted the funds to a bank account of F (name prior to the name of the Defendant’s opening name) and consumed them for personal use.

From around that time to May 31, 201, the Defendant transferred KRW 628,428,520 of the Company’s funds, which were kept in business for the victim through the above method 61 times in total, as shown in the attached list of crimes, to F’s DNA bank accounts (G and H), and consumed them for personal purposes, such as stock investment.

Accordingly, the defendant embezzled the property of the victim company, which was in his business custody.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. The petition for accusation and the supplementary statement for accusation (including the details of transfer accompanied by each attachment);

1. Application of Acts and subordinate statutes to report on investigation (verification of names before the identity of a suspect);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the crime concerned;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. An applicant for compensation under Articles 32(1)1 and 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation filed an application for compensation with respect to the whole amount of damage, including the part adjusted by the Defendant during the investigation process.

The applicant for compensation has already filed a civil lawsuit against the defendant et al. in relation to the instant case, and the defendant files a lawsuit against the defendant et al. on the grounds of the completion of extinctive prescription, partial repayment, etc.