A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who worked in the Korean office of the victim C (hereinafter referred to as “C”) located in Gangnam-gu Seoul Metropolitan Government B 25 from October 4, 2004 to December 31, 2018 and was in charge of the management of funds of the victim.

Around February 24, 2012, the Defendant arbitrarily transferred KRW 10,000,000 from the E account (Account NumberF) of C Office in Gangnam-gu, Seoul, to the G Bank account (H) in the name of the Defendant, and used it for personal debt repayment, etc. from that time to October 25, 2018, as stated in the attached Table of Crimes List (1) and (2) from that time, from that time, to that time, the Defendant arbitrarily deposited KRW 2,108,421,60 from that of the said E account and the G Bank account (Account Number I) in the name of the E Office in Seoul and C Office in the name of the Defendant, or transferred KRW 105 to that of the said G Bank account in the name of the Defendant.

As such, the Defendant embezzled the sum of KRW 2,108,421,608 of the funds of the victim who was under his/her business custody.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. Application of Acts and subordinate statutes to transfer certificates, certificates of confirmation of transactions, copies of cashier's checks, and each detailed statement of transactions (number 5, 15);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the crime concerned;

1. Reasons for sentencing under the main sentence of Article 62(1) of the Criminal Act (the main sentence of Article 62(1) of the Criminal Act (the first sentence for sentencing), which is favorable for the reasons for discretionary mitigation), of the suspended sentence under Articles 53 and 55(1)3 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one year and six months and fifteen years;

2. Aggravation of the recommended punishment according to the sentencing guidelines (decision of type) shall be limited to the scope of punishment for embezzlement and breach of trust [type 3], the amount of 500 million won or more, and the amount of less than 5 billion won (specially increased person] mitigated factors: Where a significant damage has been recovered, the aggravated factors: In cases where the method of punishment for embezzlement and breach of trust is very poor (the scope of recommending area and recommendation) basic area, two to five years of imprisonment;

3. Determination of sentence: Imprisonment;