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

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 June 29, 2017 to April 2018, the Defendant has been engaged in the business of managing the company funds while taking overall control of the company as the actual operator of the old and American building B and the victim D corporation in subparagraph C.

On July 10, 2017, the Defendant transferred 5,000 won of the funds of the victim company, which was kept in the company bank account (E) under the name of the victim company, to the personal account under the name of the defendant and used it individually.

In addition, from the above date to May 2, 2018, the Defendant arbitrarily used the total amount of KRW 72,943,641 for the personal purpose of the Defendant, as shown in the list of crimes committed in the separate sheet.

Accordingly, the Defendant embezzled while keeping the funds of the victim company in business.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Details of the transmission of text messages for automatic transfer, which is a certified copy of the register of a corporation D Co., Ltd., a complainant, a statement of account transaction in the name of F (H), a copy of a notice of demand, a statement of unpaid insurance premiums, and a statement of

1. Application of Acts and subordinate statutes to investigation reports (as to the details of deposits from J among the details of D accounts, and as to the confirmation of the details of payments of 4 major insurance);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

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 for probation and community service;

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines (decision of type) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1], and the mitigation factors of less than KRW 100 million [Special Convicted Persons]: A company or family company (the scope of recommendations and recommendations), a mitigated area of punishment for a company or family company (the scope of recommendations and recommendations) and one month to ten months.

3. Determination of sentence: