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

Punishment of the crime

From November 1, 2006, the Defendant was engaged in the business of selling feed and collecting feed of the victim company as a managing director of D, Jung-gu, Busan, and 307 (C hotel).

1. On January 1, 2017, the Defendant sold the victim’s feed to transaction partners E, who are in the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company of the company.

2. On April 20, 2017, G’s occupational embezzlement: (a) on the same day, the Defendant sold the victim’s feed to G, a customer in the Sung-gun of Seongbuk-gun of Seongbuk-gu; and (b) transferred KRW 76,50,000 from the same day to the Defendant’s agricultural bank account in the name of the Defendant’s branch; and (c) used the Defendant’s debts owed to G and embezzled for personal purposes.

3. On May 17, 2017, the Defendant: (a) sold the victim’s feed to the J, a business partner located in K in Busan Metropolitan City, and (b) transferred KRW 8,327,840 on the same day to the Defendant’s new bank account in the name of the Defendant’s seat; and (c) embezzled the victim’s feed for a personal purpose by using it for the victim’s personal purpose.

Ultimately, the Defendant embezzled KRW 100,516,580 in total for sales proceeds of feed owned by the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Inquiry of transaction details, detailed statement of deposit transactions, and application of Acts and subordinate statutes of the passbook;

1. Relevant legal provisions for criminal facts, Articles 356 and 355(1) of the Criminal Act for the selection of punishment, grounds for sentencing of punishment [the scope of recommendation] Type 2 (not less than 100 million won but less than 50 million won) for mitigation area (6 months to 2 years), [the person who is specially mitigated] for mitigation area [the person who is not subject to punishment] for punishment [the person who is subject to special mitigation], embezzlement amount, and victim.