A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, from November 2008 to October 201, 2013, was the representative director of the victim F Bank of Korea, operated as the E and Dong business located in the Sung-gun of Kim Jong-gun and was engaged in the fund management business while managing the passbook, etc. of the victim company.

On April 2013, the Defendant deposited KRW 23,00,000 in the victim company's IBK bank account in the name of the purchase price, and KRW 33,00,000,00 which was deposited in the victim company's account in the above account in the name of the purchase price, and used KRW 56,010,000 as debt repayment, etc. around April 24, 2013 from the above account by withdrawing KRW 32,90,000 and KRW 23,110,000 as around August 26, 2013.

Accordingly, the defendant embezzled 56,010,000 won of the victim company's funds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. An interrogation protocol of the accused by the prosecution (including the E substitute part);

1. Each police statement of E and G (including a copy of the passbook of the IB K Enterprise Bank Bank, a copy of each business registration certificate, and a copy of each agreement);

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The defendant's crime of occupational embezzlement of this case on the grounds of sentencing under Article 62 (1) of the Criminal Code (the conditions favorable to the reasons for sentencing below) of the suspended sentence is not less than 56 million won, and the crime is not less complicated.

In addition, as long as there is no agreement with the victim company, it is necessary to punish the victim company.

However, it can be considered that the defendant was old and there was no criminal record of the same kind of punishment or of the suspended execution in addition to the previous convictions such as the fraud before about 20 years, and that there was a crime committed during the process of organizing the E and the relationship with the victim while the money invested in the victim company is not recovered.