A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal record] On September 28, 2017, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor for violating the Labor Standards Act at the Incheon District Court on September 28, 2017, and the said judgment became final and conclusive on October 11, 2017.

[2] The Defendant, from February 1, 2003 to December 31, 2016, served as the representative director of the Victim D Co., Ltd., the victim of sports supplies sales business in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and has been in charge of the management of funds of the victim company.

Around January 5, 2008, the Defendant arbitrarily used KRW 300,000,000, out of funds owned by the victim company under custody for the victim company, from the account in the name of the victim company to the foreign exchange bank account in the name of the defendant, and then withdraws in cash and arbitrarily used for personal purposes around that time, etc. from around 67 to March 22, 2014 by the same method as shown in the list of crimes in the attached list of crimes.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each protocol of examination of the suspect against the defendant by the prosecution (including the E statement part);

1. Statement protocol by the police for E;

1. Details of account transfer, response to a request for financial transaction by the recipient, and details of damage amount from 2008 to 2014;

1. A written accusation;

1. Previous convictions: Inquiry into criminal history, investigation reports (report on the result of confirmation of the previous convictions of the disposition), and application of statutes of the judgment;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. The latter part of Article 37 of the Criminal Act concerning concurrent crimes: Provided, That the judgment on the assertion by the Defendant and his/her defense counsel under Article 39(1)

1. The alleged defendant used the money transferred from the account in the name of the victim company to the account in the name of the victim company for the business of the victim company, such as meeting expenses, meetings with the parties to the company, entertainment expenses, etc.

another.