A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

From July 19, 2011, the Defendant is a person in charge of managing the corporate passbook and receiving and receiving money while working as a accounting employee of the victim D Co., Ltd. located in Yeongdeungpo-gu Seoul Metropolitan Government.

On July 26, 2011, the Defendant arbitrarily transferred KRW 5 million of the company’s funds from the company bank account in the name of the director E of the above company that the Defendant had been in his/her business at the above company’s office to the Internet banking account in the name of the Defendant, and used the company’s funds individually, such as repayment of debts, living expenses, etc.

In addition, from that time until November 7, 2011, the Defendant: (a) made cash withdrawal of KRW 94,366,267 of the Company’s funds from the company bank account in the name of E, (b) bank account in the name of D, (c) bank account in the name of D, and (d) company bank account in the name of D, or transferred it to the Defendant’s personal account through Internet banking, and used it individually such as repayment of obligations and living expenses.

Accordingly, the Defendant embezzled the total amount of KRW 94,366,267 on the part of the victim while in his/her duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol of statement to F;

1. The sentencing of Articles 356 and 355(1) of the Criminal Act regarding criminal facts has no previous convictions against the defendant, and even if considering the sentencing factors favorable to the defendant, which are favorable to the defendant, have discharged the amount of KRW 35 million out of the amount of embezzlement, the amount of damage equivalent to KRW 60 million has not yet been repaid, and the sentence is determined as per the order.