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 August 13, 2012, the Defendant was registered as the representative director of C, a corporation established for the purpose of bank distribution business, etc., and the above company was actually operated by D, and the Defendant was working as the employee of the above company until October 2013.

1. On October 4, 2013, the Defendant entered the victim’s room by entering the victim’s room in the office of the victim D located in the third floor of Songpa-gu Seoul E building, Songpa-gu, Seoul, for the purpose of putting off the victim’s seal impression design.

2. Occupational embezzlement;

A. On October 21, 2013, the Defendant received transfer of KRW 74,047,997 from one bank account under the name of the victim C Co., Ltd. established at will on October 4, 2013 using the certificate of seal imprint under paragraph (1) of the same Article, and kept in custody for the victim company for the victim company. At that time, the Defendant rejected and embezzled the request from the victim company to return the money without justifiable grounds.

B. On October 21, 2013, the Defendant: (a) transferred approximately KRW 1680,000 of the market price of the Victim C Co., Ltd. owned by the G Logistics Center located in the city of Pakistan to a non-explosive location in Kimpo-si; and (b) was in the custody of the Victim Co., Ltd. for the victim’s business, the Defendant rejected the request from the Victim Co., Ltd. to return it and embezzled it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Copy of corporate register, details of transactions by period of receipt, and application of each photograph;

1. Relevant Article 319(1), Articles 356 and 355(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defense counsel regarding the assertion of defense counsel under Article 62(1) of the Criminal Act provides that each of the crimes of this case constitutes a justifiable act or a self-help act, but the defendant has caused each of the crimes of this case.