A defendant shall be punished by imprisonment for one year.

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 May 2012, the defendant has been engaged in the overall management of the victim company, such as general affairs, personnel affairs, accounting, fund management, and execution, as the actual representative director of the subcontractor company of the new construction and loan agreement plan for the D development project.

On November 16, 2012, the Defendant deposited KRW 2,530,50 in the name of wages of the victim company in the victim company office located in Pyeongtaek-siF, and deposited KRW 343,256,740 in the account managed by the Defendant in the name of G registered as a false employee of the victim company in advance. From July 19, 2012 to June 2, 2014, the Defendant arbitrarily used the victim company’s funds for the purpose of personal debt repayment and living expenses, etc. by remitting the victim company’s funds from July 19, 2012 to June 2, 2014.

Accordingly, the defendant embezzled 343,256,740 won as corporate funds of the victim company in his/her occupational custody.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of prosecutorial statement concerning C, G and H;

1. A detailed statement of transactions of deposits in E corporations, C, A, and I;

1. An investigation report (the report on the results of analyzing the flow of the E Juristic person);

1. A criminal investigation report (the detection of funds involved in embezzlement);

1. Application of Acts and subordinate statutes concerning investigation reports (A’s occupational embezzlement);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] type 2 (100 million won or more) (6-2 (6-2) (special mitigation), in the area of mitigation (6-2) (special mitigation), in the event that the proportion of shares in the affected enterprise is higher, in the case where the ownership ratio of the affected enterprise is higher, in the serious reflectness (hereinafter referred to as “a mitigated person”), in the case of embezzlement (a person in the process of sentencing) (a person in the process of embezzlement) [the decision of sentencing], and in the case of embezzlement, the defendant embezzled a large amount of corporate fund over