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

However, the execution of the above sentence 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 director of the victim D Co., Ltd. in Songpa-gu Seoul from November 25, 2000 to the director of the victim D Co., Ltd. from March 31, 2009. From March 31, 2009, the Defendant was a representative director from March 31, 2015.

On January 28, 2008, the Defendant: (a) deposited company funds in the E bank account (F) in the name of the victim’s customer sales and entry management account; and (b) transferred KRW 2,600,000 to the bank account (G) in the name of the Defendant at that time; and (c) consumed KRW 2,198,301 out of that money for personal purposes, such as insurance premium.

From around that time to September 21, 2015, the Defendant consumed the total amount of KRW 197,660,930,930 of the Company’s funds kept in business for the victim by the same method over 92 occasions, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes of Korea's Bank E, Nonghyup A, and Korea's certificate of deposit transactions (with regard to the details of deposit transactions (I);

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of criminal facts; the choice of imprisonment;

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

1. [Scope of the recommended sentence] Type 2 (at least KRW 100,00 but less than KRW 500,00) in the area of special mitigation (at least 3 months-2 years), / [Special Mitigation] in the area of substantial mitigation, or where a significant damage has been restored to one company, family company, non-members of punishment, or significant damage;

2. Considering that the amount of damage caused by the determination of the sentence is large, and that the period of embezzlement is disadvantageous for a long time, considering the circumstances favorable to the Defendant, the Defendant reflects and repents, the entire restitution of damage is made, the damaged company is a single shareholder, the Defendant has no record of criminal punishment after 195, and the Defendant has no record of criminal punishment since 1995.

In addition, the defendant's age, sex, motive, means and result of the crime, and crimes.