A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[criminal power] On July 17, 2013, the Defendant was sentenced to two years of suspended sentence in October due to a violation of the Labor Standards Act, etc. by the Incheon District Court, and the judgment became final and conclusive on July 25, 2013 and is currently under suspended sentence.

【Criminal Facts】

The Defendant, from August 27, 2004 to December 201, 2004, was actually engaged in the operation and fund enforcement of the “D Co., Ltd.” as the actual operator of the “D Co., Ltd.” in Jung-gu Incheon Metropolitan City.

On June 6, 2009, the Defendant, while keeping the funds of the victimized company for business purposes at the above victimized company office, consumed the total of KRW 774,032,122 for the purpose of using the funds owned by the victimized company from June 1, 2009 to October 31, 2010, such as withdrawing KRW 2 million under the name of “the principal’s provisional payment” and consuming them for personal purposes.

Accordingly, the Defendant embezzled the property of the victimized company for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The statement of each police officer made to F and G;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a certificate of the full amount of registered matters, a statement of money, and receipts;

1. Article 3 (1) 2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012); Articles 356 and 355 (1) of the Criminal Act concerning the relevant criminal facts

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines (a decision of type) shall be the type of embezzlement and breach of trust (a decision of type shall be 50 million won or more, and less than 5 billion won) / imprisonment for 2 years or 5 years (a basic area).

3. The defendant who has made the decision of sentence shall be damaged company;