A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

From around 1999 to August 25, 2011, the Defendant, while working in the position of the president in the Victim E Co., Ltd. (hereinafter “victim”) from around 1999 to August 25, 201, was comprehensively delegated the management and operation of the Victim Co., Ltd. by the Defendant or the representative director F, and actually carried out all affairs, including the management

On June 7, 2005, the Defendant: (a) managed the funds of the victim company deposited in the account of the victim company (H, I) and the Agricultural Cooperative account (J) in the office of the victim company located in 201 in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; and (b) embezzled KRW 2.839 billion in total by the same method over 110 times, as shown in the attached list of crimes, as the representative director prepared a company substitution statement and a receipt, as if he/she took counter-insends the victim company’s debt; and (c) withdrawn the victim company’s funds in the above national bank account in cash at around that time; and (d) embezzled from that time to February 18, 2011 by withdrawing KRW 2.89 billion in total by the same method as the Defendant’s living expenses, etc.

Summary of Evidence

1. The defendant's partial statement (including the statement in the protocol of trial);

1. Each legal statement of the witness K, L, M, and N;

1. Entry of witness's oral statement in the second protocol of the trial;

1. Examination protocol of the accused prepared by the prosecutor (No. 4, No. 46);

1. F statement made against the accused in the interrogation protocol prepared by judicial police officers (2. No. 13)

1. Each statement (F, K, L);

1. Each statement (F and evidence list Nos. 36,37) and a confirmation of the fact of preparation of P;

1. An investigation report (Submission of a complaint's statement of accounts and a copy of a deposit certificate), an investigation report (Attachment of a suspect's statement of Q customer performance), an investigation report (Attachment of a statement of account transaction in the NongHyup Bank and the National Bank), an investigation report (Attachment of a statement of account transaction in the corporate account).