A defendant shall be punished by imprisonment with prison labor for four 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

1. The Defendant is a person who works as the head of the accounting team of the victim C, a corporation located in Seo-gu Incheon, from May 2014 to January 2019, and was in charge of the settlement of wages, etc.

On May 10, 2018, the Defendant embezzled KRW 1,99,992 of the Company’s funds that he/she kept on behalf of the victim company by falsely registering his/her mother D as if he/she was an employee of the victim company, and embezzled KRW 20,041,443 in total nine times from that time until January 10, 2019, as shown in the list of crimes in the separate list of crimes.

2. The Defendant in occupational breach of trust, as described in paragraph (1), has a duty to manage the company’s funds in an adequate manner while in charge of settling the benefits of the victim company. However, in order to conceal the fact that the Defendant’s mother’s child was falsely listed as an employee, the Defendant made the victim company pay approximately KRW 2,069,978 of retirement benefits exceeding the amount of retirement benefits exceeding KRW 2,069,978 by inserting the amount of other employees’ benefits on the detailed statement between May 2018 and January 2019.

As a result, the Defendant violated his duties, thereby gaining approximately KRW 2,069,978 proprietary benefits to the employees in the name of the Defendant, and causing property damage equivalent to the same amount to the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to E;

1. Relevant legal provisions concerning criminal facts and Articles 356, 355(1) (in all the case of occupational embezzlement and comprehensive punishment), and 356 and 355(2) of the Criminal Act (in all the case of occupational breach of trust, choice of imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

A. Class 1 crime (Occupational Breach of Trust) (Determination of Punishment). Embezzlement and Breach of Trust (Type 1). Embezzlement and Breach of Trust (Type 1). The mitigated element of less than KRW 100 million is less than KRW 100 million.