A defendant shall be punished by imprisonment for not more than ten 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 is a person who served as the general manager and the general manager in charge of accounting of the victim C Co., Ltd. from December 7, 2009 to April 15, 2012, and has been engaged in personnel and accounting of the said company.

On June 3, 2010, the Defendant: (a) withdrawn KRW 5 million from the corporate passbook by means of preparing a pre-statement as if the said company paid the cost of outsourcing services to customers D; and (b) used the said company’s personal use, such as living cost, in mind, at around that time, the Defendant used the said company’s personal use.

In addition, the Defendant, from around that time to July 14, 201, embezzled total of KRW 239,472,141 by consuming a total of 10 times as indicated in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. As to the report of investigation (as to the calculation of the amount of damage);

1. Application of Acts and subordinate statutes to notify data on financial transaction status;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. 집행유예 형법 제62조 제1항{피고인이 횡령한 금액이 다액이기는 하지만, 피해자가 처벌을 원하지 않고 있고, 1억 5,000만 원은 반환하였으며, 나머지 금원도 반환할 예정인 점, 자백하고 진지하게 반성하고 있는 점, 초범인 점 등을 감안하여 권고적 양형기준(6월∽2년)의 범위 내에서 그 형을 정하고, 그 정한 형의 집행을 유예하기로 한다}