Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 25, 2011, the Defendant was requested to discount one promissory note (F), the date of payment of which is “F” from the victim’s (E) office operated by the victim D, located in the Chungcheongnam-nam Budget Group C, on November 24, 2011, and the date of payment of which is February 29, 2012; the face value of which is KRW 17,384,730; and the bill number of which is “F.”

Around December 26, 2011, the Defendant: (a) received a discount from G and kept an amount equivalent to KRW 16,680,000 for the victim under the pretext of a discount on a bill for the sake of the victim; (b) subsequently, on December 27, 2011, he/she borrowed KRW 10 million from G on the same day; (c) fraudulently, he/she borrowed KRW 10,000 from G on the same day; (d) remitted the amount to KRW 10,000 to the victim; (e) around that day, he/she embezzled the remainder amount of KRW 2,034,50,000 to H, such as remitting KRW 6,680,000 for the discount on a bill; and (e) embezzled the amount of KRW 1,530,00 for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement No. 1 and No. 2 of each protocol of suspect examination against the accused, each D;

1. Promissory notes;

1. The details of the passbook transaction (No. 2 of the Investigation Record No. 33) and the defense counsel’s assertion that there was no false or false statement that the victim was unable to obtain a discount on the bill, and that the amount remaining after deducting the amount of KRW 10 million out of the discount on the bill was used by the victim, and thus, the Defendant did not constitute embezzlement.

Judgment

D consistent with the purport that “The Defendant provided KRW 10 million as stated in the facts constituting a crime in its judgment, and borrowed KRW 10 million from G as it did not receive a bill discount, and there was no consent to use the remainder of the bill discount, and thereafter, the Defendant became aware of the fact that he arbitrarily used the remaining money except KRW 10 million with the bill discount,” from the investigative agency to this court. The Defendant transferred the account of KRW 10 million by account transfer at the time and around that time.