A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant embezzled the property of the victim by arbitrarily consuming the total amount of KRW 275 million from around April 12, 2017 to September 22, 2017, as shown in the list of crimes in attached Form 2, to the representative director of the victim Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Gangnam-si, Gangwon-do (hereinafter “the victim Co.”), who was engaged in the management, supervision, etc. of the funds of the victim Co., Ltd., (hereinafter “the victim Co., Ltd.”) and kept the money in the account of the victim Co., Ltd. at the above victim Co., Ltd.’s office around April 2, 2017.

Summary of Evidence

1. On November 9, 2018, with regard to the suspect interrogation protocol E against the defendant's legal statement, the application of a detailed statement of admission to and withdrawal from the suspect interrogation protocol (Evidence No. 13) to the police officer's suspect interrogation protocol to the defendant, and the statutes of the president of the Bank of Korea

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the punishment provided for in the F-related crime of embezzlement, the penalty of which is heavier, shall be aggravated);

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of punishment] [the Embezzlement 2] Embezzlement 100 million won or more, the amount of less than 500 million won [the person subject to special sentencing] - The mitigation element: where the punishment is not granted or a significant damage has been recovered, [the scope of the recommended area and the scope of the recommended punishment] mitigation area, six months to two years [the person subject to general sentencing] mitigation element: there is no record of criminal punishment [the grounds for suspension of execution] - Where considerable damage has been recovered, the major reasons for recognition - there is no criminal record above the suspension of execution.

3. Determination of sentence: A sentence of imprisonment with labor for one year and two years of suspended sentence shall be chosen considering the fact that the amount of damage to the defendant is a large amount, but the confession and reflect of the crime, and the F and D constitute the principal of the loan.