Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who has served as a managing director of the main company C which operates apartment development projects.

On June 7, 2016, the Defendant: (a) received KRW 196,00,000 from the victim D as the investment money for apartment development projects in preparation for C in Gwangjin-gu Seoul Special Metropolitan City, the Defendant embezzled KRW 24,000,000 among the above money, such as deposit disposal of KRW 150,000,000,00 for the purpose of personal use such as living expenses, etc. around that time, and embezzled property of the victim.

Summary of Evidence

1. The witness D and E respective legal statements;

1. Statement made by the police against D;

1. Complaint;

1. Application of Acts and subordinate statutes on a certificate of details by account transaction of members, and a certificate of entire registered matters;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order [the defendant and his defense counsel] argues that the defendant borrowed 196 million won from the injured person as business capital in an individual way, and that there was no embezzlement of 24 million won while keeping the above money for business purposes under the name of investment in the apartment development project of the Co., Ltd. (hereinafter "the company of this case") as stated in the facts constituting the crime in the judgment. However, in full view of the above evidence, the defendant received money from the injured person as stated in the facts constituting the crime in the judgment and embezzled 24 million won for business purposes for personal purposes such as cost of living, etc.

In the process of establishing the instant company, approximately KRW 200 million invested in the name of the apartment development project through the Defendant, but only KRW 150 million entered the instant company’s investment amount.

The shares of the company of this case are the shares of the company of this case, if the original defendant, E, and the investment amount of KRW 196 million.