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

except that 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

The Defendant worked as an internal director in the victim C Co., Ltd. in Pyeongtaek-si B, and was in charge of the management and supervision of warehouse extension works and the execution of the construction cost.

The Defendant, on July 30, 2015, kept and managed the above construction cost on behalf of the victim company, had the accounting staff D transfer the material cost of KRW 48 million to E, which was subcontracted for warehouse construction to E.

The Defendant visited E, located in Pyeongtaek-siF on the same day, and drafted a certificate of remittance confirming that the material cost transferred to E representative G is the amount irrelevant to the construction cost, and had H, an individual creditor of the Defendant, transfer the said KRW 48 million to H, to H, an I’s spouse, in order to repay the borrowed amount.

Accordingly, the Defendant embezzled 48 million won, which is owned by the victim company, at will.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes on deposit of material costs;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. Determination on the application of sentencing guidelines of Article 62 (1) of the Criminal Act with regard to suspended sentence: The scope of recommending sentencing guidelines of applicable O: Taking into account all the circumstances, including the fact that the company has agreed with the victim company on the basic area (4 to 14 months) of the type of punishment (100 million won); and