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

The Defendant’s embezzlement amounting to KRW 139,472,00 and the Defendant’s objection to the embezzlement amounting to KRW 139,472,00.

Punishment of the crime

From March 21, 2008 to September 13, 2009, the Defendant served as the representative director of E company with the purpose of specialized improvement business management business, etc.

On December 31, 2008, the Defendant, at the office of the E company located in the Busan East-gu, Busan Dongdong-gu, prepared a statement of payment stating that the Defendant would repay the obligation of KRW 300 million to E Co., Ltd. B by December 31, 2008, and transferred all of the returned claims, such as service charges, loans, etc., held by E to the Housing Redevelopment and Improvement Project Association.

On October 22, 2012, the Defendant: (a) deposited service costs of KRW 139,472,00 from the G District Housing Redevelopment and Improvement Project Association to the account of SH, a civil litigation attorney, E Co., Ltd.; and (b) embezzled KRW 139,472,00 on October 23, 2012, the Defendant arbitrarily paid KRW 139,472,00 as wages and attorney’s fees to five employees, such as J et al., a stock company, for the victim B.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of K witness K;

1. Application of Acts and subordinate statutes to filing of a complaint and accompanying documents (No. 2 to 9);

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crime (the occupation of occupational embezzlement and the choice of imprisonment);

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. The reason for sentencing of Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning the Pronouncement of Provisional Execution [Scope of Recommendation Punishment] Type 2 (100 million or more to 50 million won) (6-2 years) mitigated area (6-2 years) [Special Mitigation] solely for the purpose of company profit: The sentence shall be imposed on the defendant in consideration of the following: six months to two years [Pronouncement Decision] that the defendant transferred his/her claim to the victim while transferring his/her claim to the victim, thereby causing significant damage to the victim by using the money of KRW 140 million received by the debtor, and the damage recovery was not made.

The above circumstances are the defendant's time of committing a crime.