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

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

Punishment of the crime

The Defendant, from February 2, 2012 to May 2015, operated the Victim D Co., Ltd., Ltd., Ltd., located in Chungcheongnam-gun, the Defendant, as a person in charge of the management of the Chungcheong factory, was engaged in production, sale, collection, approval, etc.

The Defendant, from February 17, 2012 to December 30, 2014, received the supply price in remote areas from F, Inc., Ltd., a major customer of the said victim’s company, G, etc. from H to H’s bank account (I) and was in the custody of the victim’s company for the sake of the victim’s company. On June 25, 2012, the Defendant embezzled KRW 3,501,00 from the said H’s account to the account under the name of both agricultural cooperatives for the purpose of repaying personal debts from the said H’s account, and embezzled KRW 64,536,366, total sum of KRW 64,366, under the pretext of the principle of personal debts, payment of living expenses, and payment of debts to the former and the principle of debts to the J from February 17, 2012 to August 30, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness E and K in the third public trial protocol;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the Act and subordinate statutes to the details on the receipt of sales proceeds (Evidence No. 3), the details on the entry into and withdrawal from each bank (Evidence No. 18 or 21), and the details on the transactions of passbook No. 2011-2014 (Evidence No. 22)

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1

1. Defendant and his defense counsel’s assertion

A. From September 201, the Defendant: (a) from L, M, N,O, P, etc. to use the Defendant’s personal transaction price or the victim’s company’s business; (b) the Defendant personally borrowed money from L, M, N, P, etc.; and (c) the account with H’s name stating the facts constituting the crime (hereinafter “instant account”).