A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

The Defendant, as the representative of (ju) D’s claim group, a real estate investment company, from January 2006 to March 2013, is a person who received contributions related to civil litigation from the victim E and nine and has overall control over the management and execution of the contributions.

On May 26, 2011, the Defendant: (a) prepared a written agreement on the transfer and acquisition of real estate collateral to the effect that he/she transfers F, the representative director of (ju) D, at the coffee shop where he/she is unable to know the trade name in Gangnam-gu Seoul, to the (ju), from which he/she is issued a bill of KRW 100 million cashier’s checks at face value as the down payment.

In addition, around July 2011, the Defendant was issued a cashier's checks of KRW 100 million at the Seoul Central District Court's civil conciliation office located in Seocho-gu Seoul Metropolitan Government, with a face value of KRW 100 million for the repayment of obligations to the claim group.

The Defendant, who received KRW 200,000 from F, was on duty for the victims who are the members of the claim group. At that time, the Defendant embezzled the above money by arbitrarily using the above money for the marriage expenses of children and the repayment of personal debt in Seoul branch.

Summary of Evidence

1. Each legal statement of witness E, G and F;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Protocol of the police statement concerning G;

1. A written agreement on the transfer or acquisition of bonds with real estate collateral;

1. Cash custody certificate;

1. Agreements and a statement of payment;

1. Application of Acts and subordinate statutes governing recording records;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that a full agreement is reached with victims);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;