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

On January 6, 2012, the Defendant appealed from Suwon District Court, which was sentenced to 2 years of imprisonment and 3 years of suspended execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), but the appeal was dismissed on April 19, 2012 from Seoul High Court and the above judgment became final and conclusive on the 27th of the same month.

The Defendant, while operating D Co., Ltd. (hereinafter referred to as “D”), supplied the milk produced in G at least 20 total markets and agencies affiliated with the entire market across the country by concluding a contract for the exclusive right to use the brand exclusive for organic agricultural products with the Jeju-do E (hereinafter referred to as “G”), and managed the whole business sector of the said company, such as fund execution.

On April 12, 2008, the Defendant shared the pain of the above G, which suffered from difficulties due to the price increase in international organic farming feed through meetings with the general sales board and agencies, and collected and delivered feed contributions. From May 1, 2008, the Defendant, from D on May 1, 2008, shared the Defendant’s D70 won, total market price, 70 won, and 60 won per liter of G milk sales supplied to the general sales board and agencies, to gather and support the amount of KRW 200, and recruited monthly feed contributions.

However, in order to encourage the sale of milk at the market and agency, the sales promotion support fund that the Defendant paid should be paid as the funds for the operation of the Defendant, and it should not be paid from the total sales and agency's feed contributions. However, the Defendant embezzled it as the promotion support fund that the Defendant should pay from September 2008 to May 28, 2009, by using the amount of KRW 116,415,415, which was accumulated under the name of feed contributions as shown in attached Table 1, as in the table of crime No. 1, in order to deliver it to the above G, from September 2008 to May 28, 2009.