A defendant shall be punished by imprisonment with prison labor for up to six 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

The Defendant is a person who has been in charge of field supervision, fund management, etc. in the overall management and operation of cleaning service companies in the area of Suwon-si D and 2.

On January 1, 2015, the Defendant: (a) around Suwon-si, the Defendant met the Victim F, who was aware of the fact that the Defendant was in charge of the business of the said cleaning business; (b) was in charge of receiving a cleaning service contract through the Plaintiff Company G, which was working for the victim; (c) was in charge of the business of the said cleaning business; (d) was in charge of managing and operating the said cleaning business; and (e) the Defendant generated profits, and (e) entered into a business agreement with the victim and the Defendant to later re-investment in other joint businesses.

Around October 23, 2015, the Defendant: (a) managed and operated the cleaning service company at a single unit in Suwon-si in accordance with the foregoing business agreement; (b) deposited the operating funds into the account in the name of the Defendant’s wife H; and (c) voluntarily consumed KRW 4 million for the purpose of fine payment for the fact that the Defendant was issued a summary order of KRW 4 million on February 20, 2015 by embezzlement; and (c) from that time until June 14, 2016, the Defendant voluntarily consumed KRW 37,102,219 in total for personal purposes, such as the Defendant’s fine payment cost, debt repayment, living expenses, etc.

Accordingly, the defendant embezzled the victim's property on duty.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each legal statement of witness F and I;

1. Details of an agreement, business registration certificate, construction contract, and settlement of accounts;

1. Copy of the bankbook and details of deposits;

1. Details of transactions using bankbooks;

1. Determination on the Defendant and defense counsel’s assertion of transaction details

1. The main point of the argument is that the Defendant carried out personal business and the victim simply carried out cleaning services to the Defendant.