A defendant shall be punished by imprisonment for four years.

Punishment of the crime

From December 15, 2015 to August 31, 2017, the Defendant has been engaged in the accounting duties of the victimized Company D (hereinafter “victim”) as an employee of the injured Company D (hereinafter “victim”) located on the second floor of the Yeongdeungpo-gu Seoul Metropolitan Government C Building.

On January 8, 2016, the Defendant voluntarily transferred funds owned by the victimized Company to the KT Bank account in the name of the victimized Company to the KT Bank account in the name of the victimized Company, and used the damaged Company’s funds for personal purposes, such as investment in stocks, etc. at that time, and embezzled 2.18 million won in total from May 2, 2017 to May 2, 2017, by voluntarily transferring the damaged Company’s funds deposited into the KT Bank account in the name of the victimized Company to the KT Bank account in the name of the Defendant’s name, such as the KT Bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written protocol concerning the examination of the prosecution and the police against the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as filing of a complaint, filing of a change, and the president of an account;

1. Grounds for sentencing under 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 concerning the relevant crime;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. The scope of the recommended punishment according to the sentencing guidelines [type of determination] and the scope of the recommended punishment [type 3 (not less than 500 million won, less than 500 billion won), the basic area of the punishment [the scope of the recommended punishment], 2 years to 5 years.

3. The crime of this case where the defendant is engaged in the accounting of the victimized company and uses the money of the victimized company for personal purposes by voluntarily transferring the money of the victimized company to several times in violation of his/her duties, and is not in the nature of such crime;

The amount of damage caused by the instant crime shall be KRW 2.18 billion, and even if the Defendant’s assertion is excluded, the amount shall be KRW 1.2 billion.