A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant conspireds with D, the representative director of the victim C, and conspireds with D on September 2012 to use the funds of the damaged company for the purpose of paying the defendant, despite the fact that the defendant did not work in the victimized company.

Accordingly, the defendant and D prepared a false standard labor contract with the purport that the defendant will work for every five days every week from 09:00 to 18:00, while working for each week from the damaged company, and that the defendant will work for the field management and report, and D instructed the non-name accounting staff at the damaged company office around October 25, 2012 and kept them in the account of the victimized company as wages for the defendant.

2,115,50 won was transferred to a new bank account (Account Number E) in the name of the defendant, and withdrawn it and used arbitrarily for personal purposes of the defendant and D.

Defendant

And D included this, from around that time to December 26, 2014, 64,924,617 won was transferred to the bank account in the name of a new bank account in the name of the above defendant in the name of paying wages to the defendant and embezzled funds for personal use of the defendant and D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. A protocol concerning the examination of suspects of D by each prosecution;

1. To inquire about the registration certificate of a corporation, pay ledger, standard labor contract, meeting minutes of the board of directors, division collecting source of earned income by each income earner, bonus ledger, account statement, liquidity transaction details, and the application of double-entry or departure status of each individual;

1. Relevant Article of the Criminal Act and Articles 356, 355 (1), and 30 of the Criminal Act ( comprehensively referred to as “selective of imprisonment”) concerning the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Class 1 of the Criminal Code, the basic area (4 months to 100 million won).