A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who works as a joint representative director of D and victim E, and was engaged in the management and operation of the above company's funds.

1. On November 2, 2015, the Defendant: (a) established a victim company together with D on November 2, 2015, and worked as a joint representative director; (b) made the Defendant use only the corporate seal impression in the name of the victim’s bank account (F) for convenience; and (c) kept the said account for the sake of the victim.

From November 12, 2015 to May 2, 2016, the Defendant arbitrarily used or released KRW 237,210,000 for personal use on a total of 16 occasions, as shown in the attached Table 3, as “the details of withdrawals for personal use of the Company’s funds without permission,” regardless of connection with its business.

Accordingly, the Defendant embezzled 250,186,017 won in cash owned by the victim who was in custody in the course of business.

2. From December 10, 2015 to June 1, 2016, the Defendant used 174,620,000 won at the expense of a entertainment store for 54 times in total, as shown in attached Table 1, for purchase expenses for a total of 54 times, and from December 8, 2015 to April 26, 2016, the Defendant arbitrarily used 41,918,57 won for purchase expenses for private items, such as private items, for 33 times in total, as shown in attached Table 2, from December 8, 2015 to April 26, 2016.

As a result, the Defendant violated his duties and caused property damage equivalent to KRW 216,538,557 to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Application of the Acts and subordinate statutes on details of expenditure of each A and specifications of transactions by account;

1. Relevant legal provisions for criminal facts, Articles 356, 355(1) (the point of occupational embezzlement) of the Criminal Act, Articles 356 and 355(2) of the Criminal Act (the point of occupational breach of trust).