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

The Defendant, from August 1, 2016 to the present date, is a person who serves as the representative director of the Victim C Co., Ltd. (hereinafter referred to as “victim”) located in Jincheon-gun, Jincheon-gun (hereinafter referred to as “victim Co., Ltd.”) and manages

The defendant from September 21, 2016 to the same year.

9. From October 4, 2016, a creditor of the victimized Company transferred KRW 948.5 million out of KRW 1,000,000,000,000 invested with the operation fund of the victimized Company in Japan, to E account in the name of the victimized Company. On or around October 2, 2016, a creditor of the victimized Company wired the above amount to F Bank account in the name of the Defendant and embezzled it by withdrawing KRW 5,00,000 among the following day, and using it as living expenses, etc., from that time until December 22 of the same year, he/she embezzled KRW 359,609,150,000 out of the above amount as stated in the list of crimes in the attached Table from December 22 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A complaint;

1. A statement of account transactions in the F Bank;

1. Application of Acts and subordinate statutes to submit reference materials;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are recognized as the crime of sentencing, the fact that the amount of embezzlement is deemed to have been returned to the victimized company, the fact that an investor and the victimized company agreed to return the principal of investment to investors, and the Defendant personally and severally guaranteed the obligations of the victimized company, and the sentencing conditions specified in the records and arguments of the instant case, including the Defendant’s age, character and behavior, motive for committing the crime, the amount of the instant embezzlement, means and consequence, and the circumstances after committing the crime, shall be determined as ordered by taking into account