Defendant shall be punished by imprisonment for a term of one year and two months.

The defendant pays 120,428,822 won to the applicant for compensation.

Punishment of the crime

The victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) of the 2015 Highest 3967 is a corporation operating solar power generation projects, etc. with its head office located in Seo-gu, Seo-gu, Gwangju, 15 Dong 215. The Defendant was a person who was working in the position of the “general president” from September 2012 to February 26, 2015 at the victim company.

From December 11, 2014 to January 26, 2015, the Defendant embezzled KRW 193,428,82, which was transferred to the National Bank Account in the name of the Defendant’s spouse G for the victim company under the pretext of a change in the amount of KRW 350,000,000 lent by the victim company to the Fsowing Power Station on July 28, 2014. On February 11, 2015, the Defendant: (a) transferred KRW 193,428,82 from the Defendant’s spouse’s G bank Account for the victim company; (b) transferred KRW 73,00,000 to the National Bank Account of H, who was ordered to recover loans from the Fsolar Power Station from the representative director of the victim company, and (c) did not return the remainder of KRW 120,428,822, as his/her piece of business.

From September 2012, the Defendant: (a) worked as the overall president of the victim company in Seo-gu, Seo-gu, 15 Dong 215 from around 2012; and (b) used one cell phone for the purpose of business with the market value of KRW 1 million from the injured party when he/she received delivery of one cell phone for the purpose of business; (c) on February 26, 2015, the Defendant refused the return of the cell phone without justifiable grounds despite having received the request from the injured party for the return of the said cell phone due to the termination of his/her work relationship with the injured party.

Summary of Evidence

"2015 Highest 3967"

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, and J;

1. Entry of each part of the defendant in the police suspect examination protocol against the defendant, and entry of H in the suspect examination protocol;

1. Each police statement made to I, K, and J;

1. A certificate for all matters to be registered, and a notice of change in qualifications of workplace subscribers;

1. A solar-powered installation contract and a loan certificate;

1. An inquiry of details of each transaction, a receipt for account transfer, and a passbook in the G name;