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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On October 1, 2014, the Defendant was sentenced to two years of suspension of the execution of six months of imprisonment for the offer of bribe in the Suwon District Court’s Ansan Branch, and on October 9, 2014, the said judgment became final and conclusive on October 9, 2014. On November 18, 2014, the Defendant was sentenced to one year of suspension of the execution of four months of imprisonment for the crime of giving property in breach of trust in the Suwon District Court’s Ansan Branch, and the said judgment became final and conclusive on November 26, 2014.

From September 2004, the Defendant, as the representative director of the victim E Co., Ltd. in Ansan-gu, Ansan-gu, Annyang-si, took overall control of the above company's business, such as fund management.

On December 16, 2011, the Defendant directed F, an employee in charge of accounting, while keeping the company funds in the SC Bank account in the name of the company, and wired KRW 55 million to G’s corporate bank account. In other words, he remitted KRW 50 million from G’s account to Defendant’s name, and used it for personal purposes, such as his own living expenses, etc. from May 6, 201 to April 10, 201, and used the company funds in mind by the same method over a total of 15 times from May 6, 201 to April 10, 2013, as indicated in the list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement made to H and F;

1. The written statement of the defendant;

1. Details of transactions (number 19,24), current status of previous gold (number 22);

1. Previous convictions indicated in judgment: A criminal investigation report (Attachment of judgment, etc. and application of Acts and subordinate statutes concerning criminal records;

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Determination as to the Defendant’s assertion of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The intention of unlawful acquisition in the crime of embezzlement as to whether the criminal committed Nos. 1 to 3 and 5 to 15 are the intention of unlawful acquisition is himself.