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

On December 26, 2013, the Defendant opened a modern securities account (Account Number D) in the name of the Defendant’s wife upon the request of the Victim B to “a request to keep the shares held by the victim by opening a securities account in lieu of the shares held by the Defendant,” and then transferred 10 shares of E, F, 690 shares, G, 180 shares, H shares 2,670 shares, and I shares 120 shares to the said account. The Defendant sold 80 shares of G on January 13, 2014. On February 28, 2014, the Defendant purchased 40 shares of 10 shares of E, F, 690 shares, G shares 10 shares, H shares 2,670 shares, H shares 2,670 shares, and 520 shares of the victim.

On February 28, 2014, the Defendant offered shares of an amount equivalent to KRW 4,338,840 of the market price and KRW 5,012,940 of the annual shares of KRW 519 and KRW 674,100 of the market price as security, and embezzled shares of KRW 5,012,940 of the total amount. On March 20, 2014, the Defendant offered shares of KRW 45 of the market price and embezzled shares of KRW 1,712,250 of the shares owned by the victim as security. On March 31, 2014, the Defendant embezzled shares of KRW 37 shares of KRW 30,80 and KRW 340,80 of the shares owned by the victim; the amount equivalent to KRW 1,706,100 of the outstanding shares of KRW 370,80 of the shares held by the victim; the amount equivalent to KRW 285,208 of the market price.

Accordingly, the Defendant embezzled the shares of 11,442,591 won in total by offering or selling the shares owned by the victim as security.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement in B);

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against B;

1. A certificate of account opening and application for a service, card pictures, and photographs;