A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From September 1, 2015 to December 20, 2016, the Defendant was in charge of accounting affairs while working as a employee of the Victim C, Inc. located in Yongsan-gu, Jungyang-si.

On May 9, 2016, while managing the corporate account in the name of the victim company and keeping the funds owned by the victim company in the course of business, the defendant arbitrarily transferred KRW 5 million from the above account in the name of the victim company to the Korean bank account in the name of the defendant, using Internet banking at the office of the victim company on May 9, 2016. On June 14, 2016, he arbitrarily transferred KRW 3 million from the victim company account to the above defendant's name account in the victim company's name. On September 7, 2016, the defendant arbitrarily transferred KRW 6 million from the victim company's account to the new bank account in the name of D, and arbitrarily transferred KRW 18 million from the victim company's account to the defendant's name on October 24, 2016, and embezzled it by using the defendant's personal debt repayment around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to inquiries as a result of transfer;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines set forth in type 1 (the scope of the recommended punishment shall be less than 100 million won) is reduced area (one month to ten months) [the person subject to special mitigation] is not subject to punishment, or substantial damage is recovered;

2. The fact that the defendant, who was sentenced to punishment, committed a crime by taking advantage of the status as a criminal accounting member is disadvantageous to the defendant.

On the other hand, it is favorable for the defendant to recognize the crime of this case and reflects his mistake, and the fact that there is no other history of criminal punishment, and that the amount of embezzlement would be repaid, in addition to the punishment of fines imposed once for the violation of the Road Traffic Act prior to about 20 years.