On July 18, 2012, the Defendant entered into a contract for the standard private construction work with the Defendant, jointly with the “D Hospital E representative,” the contractor, F Co., Ltd. representative G Co., Ltd. (H Co., Ltd., and the representative director, respectively; hereinafter “victim Co., Ltd.”); and entered into a contract for the standard construction work with the amount of KRW 1,450,000,000, with the Defendant, regarding the construction of the funeral hall of Sejong Special Self-Governing City, which is scheduled to be newly built in Sejong Special Self-Governing City.

Although the Defendant decided to lend construction licenses from the first victim company to carry out construction works, as the victim company directly carries out construction works, the Defendant received the construction cost from the ordering person on the construction site for the victim company and received the construction cost from the subcontractor company, and took charge of the construction site management.

On November 5, 2012, the Defendant: (a) received KRW 2,00,000 from the Victim Company as the cost of construction work; (b) was kept for the Victim Company as the cost of construction work; and (c) was then consumed for personal purposes at that time; and (d) was embezzled by arbitrarily consuming total of KRW 91,610,000 for 12 times from that time until July 25, 2013, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness IJKL;

1. Application of the statutes to the details of payment for completed portion, the statement of construction cost settlement, the disbursement book of construction cost and reply to fact inquiry;

1. Relevant Articles of the Criminal Act and Article 355 (1) of the Criminal Act concerning the crimes. Article 355 (Selection of Imprisonment or Imprisonment);

1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act [the scope of recommending punishment] Embezzlement Misappropriation Offense, Type 1, basic area, imprisonment from April to April 1 / [Pronouncement Decision] 1 year imprisonment with prison labor, 3 times a fine for 1 year, and no further criminal records other than criminal punishment.