A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant worked for the Victim C Saemaul Bank in Seongbuk-gu Seoul from November 1, 2002 to October 25, 2016, and was in charge of receipt and disbursement from December 28, 2015 to October 2016.

On December 28, 2015, the Defendant withdrawn KRW 50 million from the victim’s auxiliary account and deposited KRW 50 million in the victim’s name corporate bank account (temporary deposit account, account number: D), deposited KRW 30 million in the above corporate bank account at the end of Seongbuk-gu Seoul, Seongbuk-gu, in order to deposit in the victim’s bank account, and recorded the remaining KRW 20 million in the electronic data processing room as if it were kept in the automatic cash withdrawal machine managed by the victimized person, and embezzled the aforementioned KRW 20 million for personal use around that time, and then consumed and embezzled the said KRW 50 million for personal use.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 356 of the Criminal Act applicable to the facts constituting an offense and Article 356 of the choice of punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Class 2 (10 million won to be less than 500 million won) (6 months to 2 years), the mitigation area (special mitigation person] [decision of sentence], where there is no previous conviction against the defendant, the amount of embezzlement is fully repaid, the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of the circumstances after the crime, etc.