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 is a person who has served as the head of the site headquarters of the Hgas charging Corporation, which is newly built in Suwon-si G in Suwon-si, Gyeonggi-do, by being awarded a contract with C Co., Ltd. (Representative D) owner E and F.

1. Around November 5, 2010, the Defendant received wages of KRW 8,000,000 from the victim E and F, the constructor of Hgas filling Corporation, from the victim E and F, to the Defendant’s post office account and embezzled KRW 3,000,000 for the victims by using the Defendant’s living expenses, etc.

2. Around November 8, 2010, the Defendant agreed to reduce the amount of KRW 38,50,000 from the amount of the C Stock Company D and the victim E, F and the construction contract, and KRW 74,00,000 from the amount of the construction work that C Stock Company received from the victims, and the amount of KRW 355,523,54,00,000 from the amount of the construction work that C Company received from the victims, instead of returning to the victims and the Defendant, the victims and the Defendant are responsible for the payment of the construction work cost. On November 15, 2010, the Defendant agreed to pay the construction cost to the subcontractor by the victims and the Defendant

From November 19, 2010 to December 8, 2010, the Defendant: (a) transferred the construction cost of KRW 154,820,000 to the Defendant’s post office account to the subcontractor that submitted a written agreement for the settlement of construction cost; and (b) embezzled KRW 89,50,000 by using it as entertainment expenses, etc. without paying it to K, etc., the subcontractor that submitted the written agreement for the settlement of construction cost.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Written accusation of D;

1. Statement of the police concerning L;

1. Each written confirmation;

1. A written agreement on the settlement of construction works and construction cost;

1. Inquiry of details of financial transactions;

1. Application of statutes governing judgment;

1. Article 355 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.