A defendant shall be punished by imprisonment for four months.

Punishment of the crime

From December 1, 2010, the Defendant, as the representative director of the Victim C Co., Ltd. in Gyeonggi-do Group B, had been engaged in the business of distributing breeding money, managing investments, etc., and kept the passbook of the said company in the business.

1. Around April 25, 2012, the Defendant remitted KRW 1.5 million from the said AFC’s account to the UFC’s account in the name of D to pay personal debts at the said AF’s office.

2. On April 27, 2012, the Defendant remitted KRW 4.8 million to the Agricultural Cooperative Account in the name of D in order to repay personal debts and repay loans at the same place, and KRW 19 million to the Agricultural Cooperative Account in the name of the Defendant, respectively.

3. On August 13, 2012, the Defendant remitted KRW 30 million from the said company’s agricultural bank account to the Defendant’s name’s bank account on account of personal loans repayment, etc. at the same place.

4. On August 16, 2012, the Defendant remitted three million won from the said company’s agricultural bank account to the Defendant’s name’s bank account on account of personal loans repayment, etc. at the same place.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to the defendant's copy of the passbook, certified copy of the corporate registry, copy of the resolution of dissolution of the general meeting of shareholders, details of each deposit transaction, and detailed statement of deposit transaction in C corporation account;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts and the choice of imprisonment with labor;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50, and the proviso of Article 42 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] No person who does not have a person who is subject to special sentencing [the period from April to January] (the period from April to April] of the basic area (the period from April to April), and there is no special criminal conviction (the decision of sentencing], and the fact that the defendant reflects the mistake is favorable, but the victim company is unable to promote the project planned.