If the defendant does not pay the above fine, KRW 100,000.

On October 27, 2014, the Defendant established and operated a victim agricultural company C Co., Ltd. for the purpose of producing and selling agricultural and fishery products, which entered into an investment agreement with D around April 13, 2015, and became subject to investment KRW 150 million on the condition that 40% of the shares are transferred.

On April 13, 2015, the Defendant used the corporate operating funds invested by the said D for personal purposes, such as living expenses, by remitting 1,700,000 out of the operating funds of the victim company to the account of the Nonghyup Bank (G) in the name of the F Bank, even though there was no provision on whether to pay benefits or the amount of payment for performing duties as representative director, in addition to receiving distribution of operating funds for the victimized company in accordance with the equity ratio.

In addition, the Defendant, from April 13, 2015 to November 2015, 2015, withdrawn a total of KRW 28,251,000 on 29 occasions, as shown in the crime sight table, while keeping corporate operating funds for the victimized company for business purposes, and consumed it in mind.

Accordingly, the defendant embezzled the property of the damaged company that was under the occupational custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D statements made to the defendant in the protocol of interrogation of the suspect against the defendant by the prosecution

1. Statement made by the police with H;

1. A criminal investigation report (specific of the amount of embezzlement), investigation report (to hear statements from witnesses);

1. Application of an agreement, details of entry and withdrawal transactions, list of shareholders, and statutes on contracts for transfer of stocks;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (including), and Article 355 of the Criminal Act, the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant uses the investment funds for the damaged company whose purpose is specified without any ground, for his/her own benefits, etc.