A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a person who works for the director in charge of accounting division from April 1, 2016 to January 10, 2017 in Eunpyeong-gu Seoul Metropolitan Government Victim E, a victim company with the second floor, and has been in charge of raising and withdrawing the company's funds.

On December 30, 2016, the Defendant, at the above E office, embezzled KRW 120 million in total by arbitrarily transferring the amount of KRW 4 million to the Agricultural Cooperative (H) account in the name of the Defendant in the name of the representative director G after having been in his/her business custody on behalf of the victim, with the intent to recover the amount of investment, and continuously consuming the amount of KRW 80 million for personal purposes by arbitrarily transferring it to the same account and consuming it for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution (a hearing of the suspect or the complainant G);

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the details of transactions for entry and withdrawal, such as a copy of each bankbook (a bank, a credit union, a Saemaul Savings Depository), a certificate of confirmation of remittance, etc.;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of criminal facts; the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines / [type determination] / Type 2 (at least KRW 100,000 or less than KRW 500,00) [Special Sentencing / mitigated factors] - Where considerable damage has been recovered, [the scope of the recommended sentence] mitigation area / six months to two years [the scope of the recommended sentence] reduction area / Reduction element - Influent reflective reflective factors - Aggravation element: In cases of embezzlement;

2. Whether or not to suspend the execution (major reasons): Unagreement - positive: If substantial damage has been recovered, where substantial damage has been considerably small (general reasons) - positive: There is no serious reflectivity, or there is no criminal conviction or heavier than a suspended sentence.

3. The criminal defendant who has served as a chief in charge of accounting of the victim company shall be sentenced to punishment;