However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

The defendant is the representative director of the victim C Co., Ltd. (B and the defendant et al.) who is an advertising machine company (J and the defendant et al.) and is engaged in the management of funds of the damaged company.

From August 6, 2015 to January 13, 2020, at the damaged company office located in Gangnam-gu Seoul Metropolitan Government D and 3rd floor, the Defendant arbitrarily consumed the amount of KRW 780,50,000 for 30 times in total by transferring money from the financial account of the damaged company through the management department E to the account in the name of the Defendant and the F, or withdrawing cash from the damaged company account by using the check card of the damaged company in the custody of the Defendant, such as the purchase and stock transaction of the Defendant’s personal real estate, return of the leased real estate, and personal living expenses.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to B;

1. A complaint, a full certificate of registered matters, a standard financial statement certificate, and a list of shareholders;

1. Details of transactions, the application of Acts and subordinate statutes on personal financial transactions;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the foregoing grounds)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the types of embezzlement and breach of trust] [the three types], the amount of at least 500 million won, and the amount of less than 5 billion won [the amount of special sentencing] mitigation factors: where the punishment is not granted or a significant damage has been recovered [the scope of the recommended punishment and the scope of the recommended punishment] mitigation area, one year and six months to three years imprisonment.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and three years of suspended execution, shall be transferred to the damaged company;