A defendant shall be punished by imprisonment for not more than ten 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

The defendant is the representative director of C corporation.

On November 16, 2016, the Defendant: (a) concluded a sales agency contract with the victim Company I; (b) received deposit money of KRW 100 million from the victim Company to the Agricultural Cooperative Account (Account Number:J) under the name of the Defendant, and kept for the victim Company, the Defendant arbitrarily consumed KRW 50 million as the down payment for the K hotel gift certificates sales contract with L bank under the name of the Defendant, i.e., transfer of deposit money of KRW 7,500 to the 4,000 household out of H apartment units 7,500 to the 4,000 household; and (c) transferred the deposit money of KRW 100,000 to the above company under the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of M;

1. Statement of the police statement related to G;

1. Contracts for sales by proxy;

1. Detailed inquiries by case of the results of the transfer management (net 6);

1. Application of Acts and subordinate statutes to a report on investigation (N phone investigation for witnesses);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The mitigated area (six months to five hundred million won) [the person subject to special mitigation] [the sentence] of the mitigated area (six months to two years] [the person subject to special mitigation] of the case, the defendant received deposit KRW 100 million from the victim company and wrongfully consumed and embezzled the defendant's deposit KRW 100 million in custody, and the crime is not good in light of the method and content of the crime. However, the defendant's mistake is against the defendant, the defendant has no criminal record except two times punishment by the fine of this kind, and the defendant has recovered considerable damage by paying the victim KRW 80 million.