A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 15, 2019, the Defendant: (a) received funds deposited in the victim’s corporate bank account from the victim B, who was at the time, to the Defendant’s corporate bank account at Seopo-dong, Seopo-si, Seopo-si, 8671; and (b) subsequently received bank code, account number, etc. from the victim who returned to China for foreign currency remittance of the Chinese bank from the victim who returned to China, and then received the request to re-transfer the funds to the relevant account; and (c) accepted the request from the victim to re-transfer the funds to the relevant account; (d) around 26,50,500, around 12:16, 12:40, around 12:50,000 and kept 28,050,000 won in total for the Defendant’s corporate bank account (D) from January 18, 200 to January 24, 200; and (d) embezzled the remaining KRW 00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. 고소장 송금확인증, 계좌별 거래명세표, 계좌별 거래명세표(적금 해지), 입출금 거래내역, E카드 해외거래내역 각 위챗 대화내용 캡처 사진 법령의 적용

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The sentencing factors as follows with the reasons for sentencing under Articles 25(1)1, 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall be determined as ordered by comprehensively taking into account the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

The factors for sentencing that are advantageous to: The factors for sentencing that are disadvantageous to the absence of punishment power, other than twice fines, have not been recovered and have not been given a letter from the victim.