A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of the corporation B, who has been acting as a sales agent for a commercial building in Incheon Jung-gu.

On February 5, 2016, the Defendant, from the Victim SN Asset Management Co., Ltd. to the above history, embezzled KRW 16 million with the above money as the Defendant Company’s operating expenses, etc. from April 16, 2016, when receiving KRW 201, non-204, non-241, and non-242 to the Defendant Company’s agricultural bank account, and kept for the victim. On the same day, the Defendant used the above money as the Defendant Company’s operating expenses, etc. from the date to April 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the police interrogation protocol to E or F;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] category 1 (less than 100 million won) and the basic area (from April to January 1) (no person subject to special sentencing];

2. Determination of sentence has a record of criminal punishment (including three times the suspension of execution) over 11 times, the sum of the embezzlement is not significant, against the disadvantage, against the victim, agreed with the victim, and the fact that there is no record of criminal punishment for the same kind of crime, etc. In addition, the punishment shall be determined as ordered by taking into account the favorable circumstances, taking into account the defendant’s age, sex, environment, motive and circumstance of the crime, and other various sentencing conditions, such as the circumstances after the crime.