A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[Basic Facts] The Defendant, from around 196 to around 1996, was in office as the representative director of the Victim D Co., Ltd. (hereinafter “victim”) who imported and distributed the items of general taxation of the Ital clothing brand “C” (hereinafter “C”), was operated by the Defendant. Around 2004, the Defendant promoted an additional C-free clothing import and distribution business, while establishing and operating the “E” (hereinafter “E”) using physical assets, such as the victim’s company’s capital, and carried out the above-free clothing import and distribution business. On the other hand, the Defendant, while engaging in the business of managing the victim’s name and borrowed assets in the name of the company from November 9, 200 to January 5, 200, kept the Plaintiff’s assets in the name of the company and acquired the Plaintiff’s assets under the name of the company from the Defendant’s capital.

[2] On July 11, 2008, the Defendant transferred USD 3,000 ($ 3,057,360) in the assets of the victim company located in Seocho-gu Seoul Metropolitan Government’s company located in the HSBC account as above to the account in the name of the Defendant’s father’s H, etc. from around that time to January 12, 201, the Defendant voluntarily consumed USD 341,900 ($ 406,412,505 won in total) in total for 46 times as shown in the separate crime list from that time to January 12, 2012.

Accordingly, the defendant embezzled the property of the victim company that was under custody in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a report on investigation (data describing account transactions) (the page, 813-815, 895-915 of investigation records);

1. Application of Acts and subordinate statutes on the register, exchange rate table, and account transaction details of D corporations;

1. Relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts (a comprehensive determination of imprisonment).