A defendant shall be punished by imprisonment for not more than ten months.

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

around March 2001, the Defendant entered the victim D Co., Ltd. located in Seodaemun-gu Seoul Metropolitan Government around December 24, 2008 and has been engaged in accounting duties, such as accounting and fund expenditure, from around December 24, 2008 to May 17, 2015.

On August 11, 2010, the Defendant deposited the money deposited in the bank account (E) with the name of the victimized Company at the office of the said victimized Company, in the course of business keeping for the victimized Company the money deposited in the said account.

1,00,000 won was transferred to the new bank account (F) in the name of the defendant, and used it for personal purposes such as living expenses at that time.

In addition, from around that time to August 14, 2014, the Defendant transferred a total of KRW 110,058,357, which was kept in business for the victimized company by the same method over 138 times in total, as indicated in the list of crimes in attached Form 138, and used credit card payments and living expenses for the personal purpose according to the mind of the Defendant around that time.

Accordingly, the defendant embezzled the property of the damaged company that was under the occupational custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol; and

1. Application of each statute stated in each complaint letter, each receipt of deposit confirmation certificate, each copy of each daily fund report, each check of details of liquidity transactions, personal records of the transaction in the principal's transaction (deposit in the principal's transaction), inquiry of details of past transactions, each deposit confirmation certificate, daily financial report, and investigation report (revision of the list of crimes);

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] Imprisonment with labor for not more than ten years [the type of decision] Of the group of embezzlement and breach of trust crimes, Type 2 (not less than KRW 100,000, but less than KRW 500,000] mitigated elements [the person who is subject to special sentencing] mitigated elements of punishment: In the mitigated area of punishment [the scope of recommended punishment]: From six months to two years [the person subject to general sentencing] mitigated element of punishment: the aggravated element of punishment.