A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From March 14, 2005 to December 31, 201, the Defendant served as a representative director in charge of overall management of corporate affairs, such as accounts, funds management, etc. of victim corporation C705 Seoul Mapo-gu Seoul Mapo-gu.

On February 25, 2008, the Defendant voluntarily used KRW 8,873,030,030 as personal credit card payment, etc. around that time while receiving money for clothing sales from the victim company office and keeping it for the victim company.

In addition, from around that time to December 26, 201, the Defendant voluntarily consumed KRW 468,773,268 in the same way as the annexed crime list through the same method over 104 times.

Accordingly, the Defendant embezzled the property owned by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the details of ordinary deposit accounts (209), the benefit ledger, the details of transfer of D corporation funds (provisional payment, corporate bank) and the details of transfer of D corporation funds (provisional payment) to the Acts and subordinate statutes of one bank;

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, by relevant provisions concerning the facts constituting an offense;

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

1. Scope of the recommended sentence based on the sentencing guidelines (decision of type), embezzlement and breach of trust, Type 2 (Special Convicts) practically one company, non-conformity with punishment, or significant damage recovery [Scope of the recommended sentence] imprisonment from March to two years (special mitigation area] suspended execution (whether to suspend the execution of sentence: recovery of significant damage, substantial one company, and not subject to punishment);

2. Although there are many instances and amounts of embezzlement and punishment, the fact that the defendant is against the wrong recognition of the defendant, and the circumstances of the crime are considered (the victim company is a company that is substantially one of the defendant and uses the company's funds not in bad faith but in distinction between the company funds and the personal funds, and the defendant is exempted from using the company funds as the company funds).