Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is the representative director of D Co., Ltd. located in Jung-gu Seoul Metropolitan Government 501.

On January 14, 2008, the Defendant embezzled KRW 428,475,871 in total over 15 times from the time when the representative director transferred 80 million to the Samsung Securities account in the name of the Defendant’s office in which the Defendant was in his/her business to the Defendant’s agricultural bank account in the name of payment, and manages and uses it as the Defendant’s personal property at that time until December 5, 2008, as described in the attached crime list by December 5, 2008.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a certified copy of a register, director of each account, director of each account in 2007, and director’s book of funds in 2007 through January 12, 208, respectively, documents of transactions, each transaction, statement of transactions, stocks investment, stocks investment, Samsung Securities, specifications of transactions, investigation reports (attached documents of transactions of AFC Account), and investigation reports (report of collection of provisional payments);

1. Articles 356 and 355 (1) of the Criminal Act, the selection of fines, inclusive, with respect to the relevant criminal facts;

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. The summary of the Defendant’s assertion is that most of the embezzlement of this case was withdrawn as the representative director’s provisional payment, and the company and its personal property were managed separately at the time of withdrawal. As such, there was no intention of embezzlement.

2. According to the evidence of the judgment, during the period of three months from January 14, 2008 to March 31, 2008, the defendant withdrawn the company's funds of KRW 230 million from the victim company as provisional payments for a period of three months. The defendant withdrawn the company's funds of KRW 550 million from the victim company for a period of three months from January 14, 2008 to March 31, 2008 as provisional payments. The defendant withdrawn the company's funds of KRW 130 million from July 16, 2008 after the conclusion of the share sales contract with the complainant.

Although the defendant on June 3, 2008, he is the defendant on June 3, 2008.