A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From August 2016, the Defendant had been working as a victim (owner) D who is a building management facility guard company and a daily worker belonging to the relocation management team, and had been registered as a personal business entity in the name of the Defendant through H, the representative director of the victim company, who is a staff member of the relocation management team, in the name of the Defendant, after having transferred money from the victim company to the national bank account in the name of the Defendant, he received a proposal to withdraw the money and request the return of the money to the victim company.

On October 21, 2016, the Defendant: (a) received from the victim company a transfer of KRW 480 million to the account of the National Bank in the name of the Defendant; and (b) withdrawn the said money through H on the part of the victim company; (c) on October 26, 2016, the Defendant used the said money at the point of the host of the National Bank located in the territory of Seo-gu Incheon Metropolitan City, the territory of the State Bank; (d) KRW 400,000,000,000 in total, including KRW 70,000,000,000,000 won in front of the check; and (d) KRW 90,000,000,000 in total from the National Bank of Korea near the Southern-gu, Incheon; and (d) withdrawn KRW 600,000,000,000,000 in total from the National Bank of Korea, around October 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, I, and H;

1. Police seizure records and list of seizure;

1. immediately applying the detailed statement as a result of the transfer process, the statement of transaction in the account of a national bank in the name of the defendant, the construction of a check ledger in his/her front, and the image of his/her check;

1. Relevant Article 355(1) of the Criminal Act concerning facts constituting an offense and Article 355(1) of the same Act concerning the choice of punishment (a sentence of imprisonment;