A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

From April 2014 to August 2017, the Defendant, as a business employee of the victim C Co., Ltd., who is located in B of Changwon-si, has been engaged in the sales and collection of automobile supplies of the said company.

1. Around May 4, 2017, the Defendant: (a) transferred KRW 2,00,000,000 from D, a customer of the victim company, to the bank account (F) in the name of the Defendant; and (b) embezzled KRW 12,601,00,00 in total for sales proceeds of the victim company for personal purposes from August 19, 2014 to December 2, 2017, including the transfer of KRW 152,00,00 in sales proceeds of the vehicle goods for personal purposes, which were kept for the victim company in the course of performing duties for the victim company; and (c) embezzled from August 19, 2014 to December 2, 2017.

2. On February 11, 2017, the Defendant prepared a false list with the content that he sells one of the automobile goods (G) to D, which is a customer of the victim company, at least 440,000 won, and sold the said automobile goods in custody in the warehouse of the victim company for the victim company, to the other transaction parties around that time, as well as to sell them personally to the other transaction parties. From April 28, 2015 to May 16, 2017, the Defendant embezzled the vehicle goods at arbitrarily selling 280 points at the market price of 34,307,000 won, which was kept on duty for the victim company for a total of 10 times, as shown in attached Table 3.

As a result, the Defendant embezzled the total amount of KRW 146,908,000, which was while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Each report on investigation;

1. Details of receipt and withdrawal of a complaint, a letter, and an account book;

1. Application of Acts and subordinate statutes confirming transaction partners

1. Articles 356 and 355 (1) (including provisions) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Reference to the sentencing criteria [Type] Type 2 (the amount between KRW 100,00 and below KRW 500,000) among the group of embezzlement and breach of trust crimes (the scope of recommended punishment] basic area: One year to three years of imprisonment;

2. Determination of sentence: