A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[2016 Highest 1220] The defendant is the representative director of the C Co., Ltd. located in Namdong-gu Incheon Metropolitan City, who manufactured a heating distribution device for apartment and supplied it to D (representative E).

On May 28, 2014, the Defendant received the payment for the goods supplied to the victim company from the victim company in full, and there was no money to receive any longer from the victim company.

1. On June 30, 2014, the Defendant deposited KRW 69,424,219 into a new bank account of the Defendant Company due to an error in the accounting staff of the Victim Company, and deposited KRW 69,424,219 for the sake of the Victim Company, and had the Defendant keep the shares in custody for the Victim Company, the Defendant withdrawn and discounted the shares

7. From around 15. to the 18.th of the same month, the Defendant Company voluntarily consumed the operating expenses as the operating expenses and embezzled.

2. On October 27, 2014, the Defendant: (a) deposited KRW 54,143,221 in the post office account of the Defendant Company into the post office account of the Defendant Company; and (b) embezzled by withdrawing the said amount from the Defendant Company to October 30 of the same year; and (c) arbitrarily consumed it as operating expenses of the Defendant Company.

[2016 Highest 4611] On July 1, 2016, the Defendant driven a Fran XG car in the state of alcohol alcohol concentration of about 900 meters from a place where it is impossible to know at around 23:10 on July 1, 2016 at the Yeonsu-gu Incheon Metropolitan City Cheongnam-dong to the front road located in the same Cheongnam-dong.

Summary of Evidence

[2016 Highest 1220]

1. Statement by the defendant in court;

1. Statement of G;

1. A complaint;

1. A criminal investigation report (to submit evidentiary materials on deposit and use of excess amount of the suspect);

1. One copy of the basis data for the deposit and use of 69,424,219 won (referring to fish) on June 30, 2014; 54,143,221 won (cash) on October 27, 2014; and one copy of the basis data for the deposit and use of 54,143,221 won (cash) on October 27, 2014;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of driving a drinking and the results of regulating drinking driving;

1. Article 355(1) of the Criminal Act (i.e., embezzlement) applicable to the relevant criminal facts and the choice of punishment