A defendant shall be punished by imprisonment for one year.

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 2005, the Defendant has been engaged in the business division of the victim B from around May 2005, such as securing new customers and managing transaction prices of the victim company.

From June 2010, the Defendant, from the victim company to the Cbank account (D) in the name of the Defendant, transferred only a part of the money deposited by the customer to the account of the victim company and received the remainder for personal use.

around August 9, 2010, the Defendant received KRW 2,00,000 from the victim’s office located in Jung-gu Seoul, Seoul, to the Cbank account in the name of the Defendant, and received KRW 2,00,000 from the F newspaper company’s account, the customer. On August 10, 2010, the Defendant voluntarily consumed KRW 287,036,856 for personal use, such as living expenses, from around that time to November 1, 2016, including remitting KRW 80,00 from the above Cbank account to the victim’s account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Statement made by G, H and I in the police interrogation protocol against the accused;

1. Details of deposits from customers, details of deposits from customers (C bank/A), certificates of deposit transactions, certificates of deposits from each bank, certificates of deposits without passbook, and certificates of transfer;

1. Application of Acts and subordinate statutes on investigation reports (specific details of the amount of embezzlement);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the decision of type] shall be limited to embezzlement and misappropriation [the category 2]. The amount of 10 million won or more, and less than 500 million won [the amount of special punishment] - The mitigation element shall be limited to the scope of recommendations where a significant damage has been restored, and the recommended range shall be limited to the amount of punishment.