Defendant shall be punished by imprisonment for a term of one year and six months.

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

Criminal facts

A victim D Co., Ltd. (hereinafter “victim D Co., Ltd”) is a corporation established for the purpose of new drug development, etc. on June 3, 2016, and the Defendant was working as the head of the victim’s management support team from November 8, 2016 to July 16, 2018 and was in exclusive charge of accounting management, such as fund management of the victim company’s corporate account, preparation of accounting books, and payment of goods to the trader.

On June 8, 2018, the Defendant transferred KRW 11,356,300 to a corporate bank account (Account Number: F) in the name of the victim company in Guro-gu Seoul Metropolitan Government, to the financial account (Account Number) held by the victim company in the name of the defendant, and used it for personal use, such as the living expenses of the defendant, etc. from January 5, 2017 to July 19:46, 2018, the Defendant voluntarily used KRW 432,113,947, total amount of funds owned by the victim company in the name of the defendant, from January 5, 2017 to July 6, 2018, including transfer of KRW 11,356,30 to the financial account (Account Number: the former Financial Account Number: the former Financial Account Number) in the name of the victim company in the name of the defendant, and then transferred it to each of the defendant's own personal use, such as transfer of it.

Ultimately, the Defendant embezzled another person’s property in custody in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. A summary of D (States) A funds embezzlement;

1. Details of the embezzlement of funds of corporate banks;

1. Details of the embezzlement of corporate capital stock of a bank;

1. Details of embezzlement of funds by the Director of the NTransaction;

1. The details of embezzlement of funds of the director of the credit rating bank;

1. Details of deposits into financial accounts in G name;

1. The management ledger of D Co., Ltd. (detailed statement);

1. Details of D transactions;

1. Application of statutes on details of transactions of opening and withdrawing financial accounts;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The amount of the instant embezzlement with the reason for sentencing Article 62-2 of the Criminal Act of the community service order.