A defendant shall be punished by imprisonment for one year.

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

(e).

Punishment of the crime

The Defendant was a person who works as representative director from January 2, 2012 to April 29, 2016, and was in general in charge of overall business affairs, such as construction contracts, of the victim corporation F (hereinafter “victim Company”) in the Dong-gu Busan Metropolitan City (hereinafter “victim Company”), and had a duty to manage the assets of the said corporation in good faith and to avoid damage.

On September 5, 2011, the Defendant entered into a subcontract with the Defendant H Co., Ltd. (hereinafter “H”) and the construction cost of KRW 1,366,024,00 with respect to G Corporation equivalent to KRW 3,003,740,000 of the construction cost ordered by the Victim’s Council Co., Ltd. from the Busan City Construction Headquarters.

On January 19, 2012, the Defendant used an opportunity for entering into a subcontract with H to the said G Corporation, and actually paid KRW 10,000,000,000, in order to raise funds for personal use regardless of the G Corporation, from both victim companies, to the Busan Bank account, and from June 2, 2014, transferred the sum of KRW 263,00,000,000 from the victim company to the H Bank account in the foregoing manner, as shown in the list of crimes in the attached Form, from June 2, 2014.

Accordingly, the defendant violated his duty as representative director of the victim company, thereby acquiring property benefits equivalent to KRW 263,00,000, and causing property damages to the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, J, K and L;

1. A certified copy of the registry of the M corporation and certified copy of the registry of H corporation;

1. The standard subcontract agreement for construction works, standard subcontract agreement for construction works, etc., G construction contract documents, etc., G construction contract documents, H, etc.;

1. The details, etc. of the account transactions in the G Corporation, including the account statement and deposit increase, etc.;

1. Application of statutes on the deposit of G work price;

1. Article 356 of the Criminal Act and Articles 355(2) and 355(1) of the Criminal Act concerning criminal facts.