A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Punishment of the crime

From December 24, 2013 to March 2015, the Defendant served as the representative director in the name of the victim limited liability company B (hereinafter “victim company”), and supplied meat to his/her customer, and was engaged in collecting the price. On September 22, 2014, the Defendant used KRW 7,000,000 for supply of meat from the representative F of “E”, which is the customer at the victim’s office located under “E”, at the victim’s building C and D, from September 22, 2014, for the purpose of voluntary payment, such as living expenses, personal debts, etc. in the victim’s account under the name of the Defendant, rather than the victim’s corporate account.

2. Around December 27, 2014, the Defendant: (a) transferred 3,000,000 won for the supply of meat from the above representative FF to the above account in the Defendant’s name, not the victim company’s corporate account, at the office of the above victim company on December 27, 2014; and (b) was kept for the victim company; (c) was voluntarily consumed on the part of the victim company, such as living expenses, personal debt repayment, etc. at the Ysan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of H in the protocol concerning the examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of materials submitted by a complainant);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. Determination of sentence: Imprisonment with prison labor for not less than four months, and that there are two criminal offenders of the same kind of crime with a suspended sentence of one year; and