A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

From March 9, 2017 to July 10, 2017, the Defendant is an accounting employee of the victim C Co., Ltd. located in Gangseo-gu Busan Metropolitan Government, who was engaged in the receipt and disbursement of money.

On March 21, 2017, the Defendant, by pretending the victim’s authorized certificate issued by the victim’s representative D, and the transaction payment using the OTP card, arbitrarily remitted KRW 4,926,715 to the defendant’s mother-friendly agricultural bank account, and embezzled total of KRW 35,876,535 on seven occasions, as indicated in the attached list of crimes.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of the details of transactions in accounts of victims and the details of deposits and withdrawal from deposits;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Articles 356 and 355 (1) of the Criminal Act for the choice of criminal facts;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations], the basic area and the scope of recommendations], and April through April 14 months.

3. Determination of sentence: Imprisonment with prison labor for 10 months, the method of the instant crime, the amount of damage therefrom, the damage recovery was not performed at all, and the Defendant was currently escaping and his whereabouts was unknown, and the Defendant’s age, happiness and health status and environment, and the circumstances after the instant crime, etc. shall be determined by comprehensively taking into account all the sentencing conditions indicated in the records, such as the following: