A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[Criminal Experience] On April 14, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and ten months at the Seoul Southern District Court, and such judgment became final and conclusive on July 22, 2016.

[2] The Defendant and C, and D, as share of 1/3 around September 3, 2004, established and operated a stock company F Co., Ltd. (hereinafter “instant company”) that is engaged in the information and communications construction business, etc. in Geumcheon-gu Seoul, Geumcheon-gu and 3.21 (hereinafter “instant company”), and D discontinued the instant company around June 2012. Since C retired on September 30, 2013, it has overall control over the instant company’s business operations, including its operator, funds management, etc. from that time to that time.

The Defendant, while operating the instant company, had been employed by G, H, I, and J without having worked for the instant company, was falsely listed as an employee and received wages from the said false employees for personal use by the Defendant or his family members.

Accordingly, the Defendant, at the instant company office on October 31, 2013, remitted KRW 2,359,080, out of the funds of the instant company to the G account in the name of false employee, as well as remitted from March 31, 2015, from that time to March 31, 2015, the Defendant transferred KRW 142,578,03 of the instant company’s funds to the account under the name of G, H, I, and J, which was not actually working in the instant company until March 31, 2015, and then used them for personal purposes or used for the Defendant’s family members’ living expenses, etc.

Accordingly, the Defendant, as an actual operator of the instant company, embezzled KRW 142,578,03 while keeping the funds owned by the instant company for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by judicial police officers with regard to C;

1. A protocol concerning the examination of suspect prepared by each judicial police officer to K;

1. Statement prepared and made by each judicial police officer with respect to L;

1. Details of payment account transaction (from January 2014 to December 30, 2016)

1. The ledger of bonuses ( February 2014).