A defendant shall be punished by imprisonment for not less than eight 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

From January 1, 2014 to March 9, 2018, the Defendant has been engaged in the business of concluding advertising contracts and receiving advertising fees with related companies, as the head of the injured party D's branch office located in the victim corporation located in the Busan Dong-gu B building C in Busan Dong-gu, Busan.

On November 13, 2017, the Defendant entered into an agreement on the application for publication to the victim’s “H” in the operation of the G located in the 6th floor F of the building of the Geumcheon-gu Busan Metropolitan City, the Defendant: (a) transferred KRW 418,00 from G to the J bank account (Account Number:K) in the name of the Defendant’s husband I in the name of the Defendant’s husband for the purpose of taking over KRW 418,000 as the price for the publication of clothing from November 15, 2017; and (b) voluntarily used it for personal purposes around that time during the course of carrying out business for the victim; and (c) transferred KRW 176,209,350 in total over 283 times from March 6, 2014 to March 8, 2018, and used it for personal discretionary use around that time.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of each police suspect against the accused and I;

1. Statement of each police statement on L/M;

1. Each investigation report (Attachment of materials);

1. A complaint;

1. A copy of the employment contract, a copy of the employment rules, and a copy of the published contract;

1. Application of statutes governing each detailed statement of transactions;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Where the sentencing criteria are applied [the range of recommending punishment] types 2 (10 million won or more to 50 million won) and the mitigated area (6-2 years or more), the punishment of which is not imposed, or significant damage is recovered;

2. The fact that the defendant who was sentenced to the sentence has led to the confession of all the crimes and has pened his mistake in depth, the fact that the sum of the embezzlement has been returned, the first offender who has no criminal record, and the age and career of the defendant.