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 February 1, 2000, the Defendant served as the director in charge of accounting of victim D Co., Ltd. from around February 1, 200, and was engaged in the business of managing funds.

On June 10, 2009, the Defendant transferred 4,400,000 won deposited in the account in the name of the victim company to the single bank account (F) account in the name of the defendant and used it for the personal purpose, such as living expenses, while keeping the company funds in the office D office located in the third floor of the Gangnam-gu Seoul E-building.

In addition, from around that time to September 8, 201, the Defendant withdrawn total of KRW 73,705,626 through 88 times by remitting or withdrawing the funds of the victim company to one bank under the name of the Defendant, and our bank account, and voluntarily consumed them for personal purposes, such as living expenses and investment of stocks.

In this way, the defendant embezzled the property of the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. Details of account transactions;

1. A single bank (H) details of transactions (1 pages-42 pages);

1. Details of transactions A1 bank (I) (43 pages-50 pages);

1. Details of transactions in AA bank (51 pages-58 pages);

1. Details of transactions A (K) with us bank (59 pages-75 pages);

1. Application of CMA trading-Telecommunication Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Presiding over) of the choice of criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Criteria [Scope of Recommendation] Type 1 (100 million won) basic area (4 to one year and four months) (4 months); and

2. The Defendant has no criminal records prior to the instant case.

Although the defendant embezzleds the money of the victim, the victim also did not pay the benefits and retirement allowances from February 2010.

Even if the victim's unpaid benefits are recognized, the amount shall be 11.5 million won for five months, and the unpaid benefits shall be claimed by the defendant.