A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 2015, the Defendant borrowed the name of the representative director for three months from D, the actual operator of C, a victim Co., Ltd., to enter into four insurance.

“The proposal was made and registered on July 6, 2015 as a representative director in the name of the above company.

On September 2015, the Defendant knew of the fact that the payment for the construction work was made from the customer of the victim company, and used the status of the representative director of the said company to embezzled the money deposited in the corporate account.

Accordingly, on September 23, 2015, the Defendant issued a re-issuance of the head of the victim company's bank account established at the second central branch of Seocheon-gu, Seocheon-dong, Seoul, and transferred KRW 13 million out of the funds owned by the victim company deposited in the account to the Saemaul Treasury account in the name of the Defendant, and voluntarily consumed KRW 23 million for private purposes, such as the Defendant's living cost.

In addition, on October 12, 2015, the defendant issued a re-issuance of the passbook of the victim company that was established at the same branch of the Bank of Tran-dong, YY-dong, YY-dong, and then withdrawn 6.2 million won out of the funds owned by the victim company deposited into the account, and arbitrarily used it as the personal debt repayment of the defendant around that time.

Accordingly, the defendant embezzled 29.2 million won in total of the funds owned by the victim company that was in custody for the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of the respective Acts and subordinate statutes to the copy of the Nong AFF Co., Ltd., copy of the passbook, and written confirmation of deposit and withdrawal transactions;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: