A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant, along with C, transferred E to the Victim F (hereinafter “instant enterprise”) around October 2010 while operating the E in Gangseo-gu Seoul Metropolitan Government, and agreed to consult later, and agreed to entrust the operation of the instant enterprise to the victim, the Defendant and C were in the management of the instant enterprise.

Accordingly, the victim received the transfer of the instant company, and received the right to use the national bank account, corporate bank account, and foreign exchange bank account under the name of the defendant as well as the right to use the said account, and actually operated the instant company while managing the said account.

On March 20, 2012, the Defendant: (a) around March 20, 201, the title holder of each of the above accounts in Gangseo-gu Seoul Building 501; (b) the victim kept profits from the operation of the instant company through the said foreign exchange bank account in custody for the victim; (c) on the same day, the Defendant arbitrarily transferred KRW 2 million to the company bank account he/she uses to use for living expenses, etc.; and (d) the same year thereafter.

7. Until March 31, 200, a total of 46,880,000 won was arbitrarily transferred to 47 times, such as the statement in the annexed list of crimes, and embezzled the victim’s property.

Summary of Evidence

1. Each legal statement of F, C, and H;

1. Part of the statement made by F and C in the prosecutor's office and police interrogation protocol of the accused;

1. Application of each statute on filing of a complaint;

1. Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 (1) of the Criminal Act (Selection of Imprisonment);

1. According to each of the above evidence, the following facts are acknowledged:

A. The Defendant: (a) operated C and the instant company as a partnership business; (b) agreed to transfer the instant company around 2009 to C; and (c) delegated the transfer procedure to C; and (d) on August 7, 2010, C agreed to jointly manage the victim, I, C, and the instant company by converting the victim, I, and the instant company into a corporation; and (c) agreed to jointly manage the victim, I, C, and the Defendant from the victim.