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

From May 201, the Defendant is a person in charge of accounting such as the receipt and settlement of accounts of the victim foundation C (hereinafter referred to as the “victim foundation”) who works for the management planning team of the victim foundation C (hereinafter referred to as the “victim foundation”) located in Gyeyang-gu, Gyeyang-gu, Seoul and takes charge of the management of funds of the victim foundation.

On June 2012, the Defendant prepared a false cash withdrawal certificate, etc. while keeping funds of the victim company in custody for business purposes, obtained approval, and used it to arbitrarily withdraw or transfer funds from the account of the victim company.

Accordingly, on June 7, 2012, the Defendant voluntarily stated “4,366,400 won between accounts” in the form of cash withdrawal in which the Defendant was in possession of surplus funds in the office of the management planning team office of the victim foundation, and then embezzled KRW 4,366,00 in cash from the agricultural bank account under the name of the victim foundation, which the Defendant was in his/her business custody for the victim foundation, with the approval of the team leader, using the above cash withdrawal certificate.

In addition, from June 7, 2012 to March 26, 2015, the Defendant voluntarily withdrawn the sum of KRW 43,353,900 or arbitrarily transferred it to the Defendant’s account, as shown in the annexed List of Crimes, while keeping the funds of the victim company in the course of performing his/her duties.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the current status of the embezzlement of public funds;

1. Certificates of each transfer result, import resolution, and details of transactions of entry and withdrawal;

1. A statement of details of transactions of each entry and withdrawal, and each substitute list;

1. Application of Acts and subordinate statutes to each specification of transactions, each disbursement resolution, and certificate of confirmation on the results of transfer management;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense (or, collectively, the choice of imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act has arisen repeatedly for a considerable period of time.