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A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
From December 11, 2012 to September 16, 2013, the Defendant, as an accounting member of D's 10,000-si in net City C, was engaged in the purchase and sale management of the above company and accounting affairs such as the expenditure management of the company, and managed the company account, such as corporate bank, and its authorized certificate.
On January 14, 2013, the Defendant: (a) arbitrarily transferred KRW 55,00,000,000, which was deposited in the corporate bank account of the said corporate bank at the office of the said corporate branch office, to the Defendant’s corporate bank account; and (b) embezzled the details of the said corporate account as if they were settled to the customer by stating it to the F.C., a customer.
From this point to September 16, 2013, the Defendant arbitrarily transferred a total of KRW 119,642,000 to the Defendant’s bank account as shown in the attached list of crimes, and embezzled by using personal debt repayment and living expenses, etc. around that time.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of transfer certificates and detailed statement of transactions Acts and subordinate statutes;
1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);
1. It is so decided as per Disposition, in view of the following: (a) although the instant embezzlement for the reason of sentencing under Article 62(1) of the Criminal Act does not have a large number of the grounds for sentencing; (b) the Defendant is the first offender, in depth, and the amount equivalent to the embezzlement was returned to the victim immediately after each crime was committed; (c) the full amount of the embezzlement was paid to the victim; and (d) the full amount of the remaining embezzlement was fully agreed with