A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, from around April 1991 to April 6, 2013, worked as a regular business at the victim D Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) located in Busan Sagu (hereinafter referred to as “victim Co., Ltd.”) and was engaged in the overall control of the business, such as supply and collection.

On July 8, 2010, the Defendant embezzled KRW 426,525,00,00, total sum of embezzled amount of KRW 806,803,491 (1) in the List of Offenses of KRW 380,278,491 (2) from around 20 times to around March 9, 2013, when the Defendant received KRW 45,460,444 of the outstanding amount in relation to the Victim Company, which was in custody for the Victim Company, from the time when he/she arbitrarily used and embezzled it for performing his/her obligations, such as the Company E, until March 9, 2013.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. F’s cross-examination of the police interrogation protocol as of June 5, 2013 against the Defendant

1. The police statement concerning F;

1. Investigation report (the No. 46,48,50 No. 50 of the evidence list);

1. The application of the transaction books (Evidence Nos. 3 and 5), the purchase and sale books (Evidence Nos. 4, 6, 8 through 23, 26, 28, 30, 32, 34, 36, and 38 in the evidence list), the commissioner of the transaction partner (Evidence Nos. 7, 29, 31 in the evidence list), the transaction partner books (Evidence Nos. 25, 27, 35, 37 in the evidence list), the current status of outstanding amounts under statutes;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the crime concerned;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Three years to thirty years from the imprisonment with prison labor for a prison labor;

2. Extent of recommendations [decision of type] - Embezzlement and breach of trust, Type 3 (at least 500 million won, less than 5 billion won), [Special Aggravations] - Where serious damage is caused to the victim: Reductions - Where punishment is not granted or significant damage has been restored to the victim (general person): Reductions - Where embezzlement is committed: Reductions - where embezzlement is committed.