A defendant shall be punished by imprisonment for not less than eight 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

Since August 2009, the Defendant, as a real representative of the limited company C in the Jeonsan-gu Seoul Special Metropolitan City from August 2, 2009 to the present, is a person who has overall control over the overall affairs of the victim limited company C, such as operation and fund management.

On May 8, 2014, the Defendant: (a) designated the site and building of the Yansan-gu Seoul Special Metropolitan City No. 815,000,000 won for each purchase of the land and building of the Yansan-gu Seoul Special Metropolitan City No. 187,872,176 won as part of part of intermediate payment from D to the account of the name of the victim company; (b) transferred KRW 100,000,000 among them to the account of the name of the victim company; and (c) embezzled them for personal use, such as the Defendant’s personal debt, at the point of Geum-gu Seoul Special Metropolitan City No. 320, Jun. 8, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police in relation to G;

1. Each complaint;

1. A real estate sale contract;

1. An inquiry of transaction details (Evidence No. 13);

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 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 / [Scope of the recommended sentence] Type 2 (10 million won to be more than 500 million won) [the person subject to special mitigation] / [the person subject to special mitigation] 8 months to be sentenced] imprisonment, 2 years to be suspended, 2 years to be suspended: the defendant's criminal liability is not the case in consideration of the fact that the amount of damage caused by the instant crime is a considerable amount of KRW 100 million, and the fact that the damage has not been recovered properly, but some of the amount of the instant embezzlement was for receiving expenses, etc. paid by the defendant while actually operating the instant company, and the motive and motive for the instant crime.