A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant, from August 15, 2017 to October 31, 2018, was in charge of the accounting of the victim C Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) located in Chungcheongnam-nam (hereinafter referred to as “victim Co., Ltd.”) and has been engaged in the business of raising and withdrawing corporate funds.

The Defendant kept and managed the passbook (Account Number E) in the name of the victim company, and received instructions from the representative director F of the victim company to withdraw from the Internet banking according to such instructions, or used the said passbook and seal to withdraw money from the bank at will and use it for the repayment of personal debt, living expenses, etc.

Around August 17, 2017, the Defendant transferred KRW 378,450,00 from the said victim’s company’s D account via Internet banking to the D account (G) account under the name of the Defendant, as described in attached Table 1, from August 17, 2017 to September 20, 2018, totaling KRW 88,472,410 to the Defendant’s account or the Defendant’s personal necessary location. Around August 29, 2017, the Defendant voluntarily withdrawn KRW 1,00,000 from the said victim company’s D account from August 29, 2017 to October 20, 2018, and voluntarily disbursed KRW 30,530,000 in cash from August 29, 2017 to October 30, 203, as indicated in attached Table 2.

Accordingly, the defendant embezzled another person's property while on duty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of one ticket to data submitted by the complainant (such as the account transfer and the statement of cash withdrawal), one ticket of deposit transactions in the name of the defendant, and one ticket of deposit transactions in the name of the defendant;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor) in relation to the relevant criminal facts;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The types of recommendations according to the sentencing criteria.