A defendant shall be punished by imprisonment for not more than ten months.

However, 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 January 2007 to March 1, 2017, the Defendant served as a business director of the victim C Co., Ltd. located in Busan metropolitan area B, and has an overall control over the order of electrical construction and the request for supply to the business partner of the said company.

The Defendant prepared a written estimate for the volume of the materials to be supplied from D, which is a trader of the victimized company, and had the victimized company pay the materials to D in accordance with the written estimate, and then had the victimized company pay the materials to D, the Defendant, who did not know that the Defendant deducteds the company’s funds, received the difference between the material price actually supplied by the said D operator E and the material price to be returned to the Defendant’s personal account by taking the part of the funds of the victimized company into account.

Around January 2014, the Defendant instructed F, an employee of the above victim company office, to prepare a estimate on the volume of the materials to be supplied from D, and embezzled KRW 49,628,000 in total by 19 times, as described in the attached Table of Crimes, from January 17, 2017, the Defendant received only the predetermined quantity of materials from D, and demanded D to pay the materials according to the aforementioned false estimate. On January 23, 2014, the Defendant returned KRW 3,80,000 from the above E to the Busan Bank (G) account in the name of the Defendant, and used the materials for personal purposes, such as living expenses, etc. from that time to January 17, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. The police statement concerning F;

1. The quantity ordered to D and the actual entry quantity;

1. A copy of e-mail;

1. Details of the withdrawal, the amount of deposits, and the details of arrangement of places of use, and the details of remittance;

1. Details of transactions of withdrawals submitted by A;

1. Application of Acts and subordinate statutes concerning details of transactions of Busan Bank Accounts;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. The Criminal Act, the suspension of execution;