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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From early July 2010 to July 2012, 2012, the Defendant served as accounting in the victim limited liability company D (victim company) operated in Gunsan-si B, and was engaged in the management of the company’s accounting and the collection of profits from the company. The Defendant had the intent to embezzled the company’s funds by putting the custody of the bank passbook in the victim company’s name, the agricultural bank passbook in the name of the victim C, the seal, cash card, etc.

1. On October 15, 2010, the Defendant arbitrarily transferred KRW 1,872,50, out of the funds of the above company in the Defendant’s corporate account (Account Number E) at the victim company’s office located in the Sinsan-si, Sinsan-si, to the Agricultural Cooperative account in the name of the Defendant’s corporate account (Account Number G) and then consumed for the Defendant’s living expenses at that time. From that time to March 20, 2012, the Defendant embezzled the said funds in the Defendant’s business after arbitrarily transferring KRW 81,524,130, total sum from the above national bank account to each of the accounts of F, H, I, and the Defendant from March 20, 2012, as shown in the List of Crimes (1).

2. On March 30, 201, the Defendant arbitrarily transferred KRW 1,00,00,000, out of the funds of the victim company in C’s office located in C, to the Agricultural Cooperative account (Account Number K) in the name of the Defendant, and embezzled the said funds that were kept for business purposes after arbitrarily transferring them from the said Agricultural Cooperative account to the Agricultural Cooperative account in the name of the Defendant. From that time until April 29, 2012, the Defendant, as shown in the Attached Table of Crimes List (2) from that time, up to April 29, 2012, embezzled the said funds that were kept for business purposes by arbitrarily transferring KRW 24,735,50 from the said Agricultural Cooperative account to the respective accounts of H, I, and the Defendant’s respective accounts.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. Inquiry about details of transactions, transfer details by case, and application of Acts and subordinate statutes on copies of passbooks;

1. Relevant Article of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning the selection of criminal facts;