A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From June 20, 2013 to June 20, the Defendant is the representative director and manager of the Victim E Co., Ltd., Ltd. located in Nam-gu Incheon Metropolitan City, who performs overall control over the fund management of the victim company.

On August 26, 2013, the Defendant decided to borrow KRW 500 million from G in order to use it for the operating capital of FF, which the Defendant operated, and received KRW 500 million from G in the account of FF’s corporate bank (Account Number H) from G on August 28, 2013, and then, on August 19, 2015, remitted KRW 50 million in the bank account of G in Korea (Account Number J) from the victim’s Nonghyup Bank (Account Number I) to repay the borrowed amount, and on August 20, 2015, remitted KRW 120 million in the sum of KRW 70 million in the bank account of G in Korea (Account Number J) from the victim’s bank account at the victim’s Nonghyup Bank on August 20, 2015.

Accordingly, the defendant embezzled the victim's funds of KRW 120 million by voluntarily consuming the victim's funds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. A written accusation and accompanying documents;

1. A certified copy of corporate registry;

1. Application of the Acts and subordinate statutes on the details of deposits and withdrawals in and out of each transaction party;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] Article 62(1) of the Criminal Act / [the scope of recommendation / [the range between 10 million and 500 million won] Article 2 of the Act on the Special Mitigation Area (the period between 3 and 2 years) / [the special mitigated person] where the risk of damages has not been substantially realized, the non-performance of punishment or significant damage has been recovered [the decision of sentence] 6 months, and the amount of damage for 1 year in probation / 100 million won is more than 10 million won, but the defendant recognized his mistake and reflected

There are no criminal records of the same kind, and there are no circumstances to consider the circumstances of the crime.

The damage has been recovered.

The defendant's age, gender, and any other circumstances.