A defendant shall be punished by imprisonment for four months.

Punishment of the crime

From September 25, 2014 to March 27, 2017, the Defendant is a person who has been in charge of management affairs in the Victim G Co., Ltd. (Representative Director Q) and has been in charge of the raising and withdrawal of funds in the company with a corporate account in Korea.

On April 15, 2015, the Defendant: (a) transferred KRW 15,00,000 from the Defendant’s bank account (S)’s business management to the Defendant’s bank account; (b) paid KRW 8,000,000 as national tax; and (c) voluntarily consumed KRW 7,00,000 as Defendant’s living expenses, etc.

In addition, the Defendant, from around that time to March 2017, transferred the funds of the victim company to the bank and new bank account of the victim in Seoul Metropolitan City, and used only part of the company for the purpose of the company, and embezzled total of KRW 82,293,780, such as the calculation of the amount of the attached embezzlement, in mind of the Defendant’s living cost, debt repayment, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement about T;

1. A statement of transactions in each bank in the name of a bank (Korean bank, industry bank, Nonghyup, City Bank, new bank, post office, Han Bank, and National Bank);

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of the details of deposits), investigation report (Analysis of the details of national banks submitted by a suspect);

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) (including comprehensive) of the Criminal Act concerning criminal facts, the grounds for sentencing of sentence of imprisonment with prison labor;

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines set forth in type 1 (the scope of the recommended punishment shall be less than 100 million won) is reduced area (one month to ten months) [the person subject to special mitigation] is not subject to punishment, or substantial damage is recovered;

2. Determination of sentence;

A. The favorable normal defendant made a confession of all his/her crime from the investigation process to reflect his/her mistake.

The foregoing shall not apply to cases where the health of the defendant is good, such as the state of the lower half of the defendant.

The defendant's family members are 40 million won which is close to half of the amount of damage.