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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From December 24, 1995, the defendant has been engaged in the business of managing the above company as the representative director E of the victim corporation E in Seocho-gu Seoul Metropolitan Government D Building 302.

On August 6, 2010, the Defendant: (a) withdrawn KRW 85,559,663 (Deposit Number 10623) out of KRW 81,045,338 (Deposit Number 10623) deposited as a customer of the victim’s company on June 18, 2010 at the branch office of the New Bank Cho Jong-gu Seoul Central District Court located in Seocho-gu Seoul Central District Court; (b) around August 9, 2010, the Defendant embezzled the said money by voluntarily paying it to G, the wife of F, under the Defendant’s personal debt repayment for the Defendant’s F.

Summary of Evidence

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

1. Statement of H among the interrogation protocol of the second interrogation of the accused by the prosecution against the accused;

1. Each prosecutor's protocol of statement against I, G and J;

1. Police suspect interrogation protocol regarding F;

1. Each investigation report (a copy of the request for payment of deposits shall be attached (No. 31) / It shall be deemed that there is no claim against the suspect A E (No. 46));

1. Application of the Acts and subordinate statutes of the corporation which are attached to a copy of a deposit of money and a criminal investigation report (No. 47);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) is as follows: (a) around April 2010, the Defendant closed its business in a situation where the overdue wages of the employees of the victim company exceed KRW 200 million; (b) when the amount of the judgment was deposited, the Defendant committed the instant crime in which the amount of the delayed payment to the employees of the victim company was avoided the collection of claims by the general creditors of the victim company and the amount of the embezzlement exceeds KRW 80 million

However, the defendant is aged and is sentenced to suspended sentence due to the violation of the Labor Standards Act.