Of the facts charged in the instant case, the charge of embezzlement on or around November 2015 is not guilty.

[Basic Facts] The defendant is a person who has overall control over the management and fund management of the company while working as the representative director of the victim D Co., Ltd., and is appointed as a manager in the rehabilitation procedure of the above company.

On December 7, 2015, the Defendant applied for rehabilitation procedures to the Seoul Central District Court on the above company, and the Seoul Central District Court decided on December 14, 2015 that the Defendant should be designated as the manager of the above company and the Defendant should obtain the permission of the court on the disbursement of the amount exceeding KRW 10 million.

[2] On February 2016, the Defendant, at the E office located in Vietnam, issued 20,000 won (per approximately 24,000,000 won) of the company funds to F, an employee of the victim company of the E office in Vietnam, and gave an audit indication of the fact that the Defendant attempted to receive approximately 12,00,000 won (per approximately 12,000,000 won) of the company funds to the said E office, and provided an audit indication of the fact that, at the E office located in the E office located in the Vietnam Min Minh of the same month, the Defendant, as an audit indication of the fact that the Defendant intended to receive the above H construction from the E office, provided 10,000 won (per KRW 12,00,000,000) of the company funds to I.

Accordingly, as a manager of D Co., Ltd., the D Co., Ltd. did not obtain the permission of the court, and paid 10 million won or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of each testimony of the witness J, K and F;

1. Application of the decision (Rehabilitation, D Co., Ltd.) and statutes;

1. Article 648 (1) of the Debtor Rehabilitation and Bankruptcy Act applicable to the facts constituting an offense, and Article 648 of the same Act and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the amount of punishment shall be five million won, the recognition of the crime is divided by recognizing the crime, and eventually, the payment of money was inevitable for the victim company, but in reality, it was not a matter that can be executed with the permission of the rehabilitation court, and thus, it shall be considered in the motive and circumstances of the crime.