A defendant shall be punished by imprisonment for three years.

Punishment of the crime

[Majority Opinion] On June 8, 2016, the Defendant was sentenced to a suspended sentence of three years for a period of one year and six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a violation of the Medical Service Act, and the judgment on June 16, 2016 became final and conclusive.

[2] The Defendant is a person who actually operated the Victim D Co., Ltd. located in Gyeonggi-gun from August 2007 to September 2012, 201 and has overall control over the affairs such as fund management of the victim company.

1. On April 27, 2010, the Defendant embezzled a total of KRW 65,379,871 won for personal loans of the Defendant on the same day while borrowing KRW 135,22,220,00 from F while setting up a collateral security of KRW 255,500,000 from F when he/she borrowed KRW 135,22,220,000 from F in order to raise funds for the operation of the Victim Company, in order to raise funds for the Victim Company, the Defendant embezzled the Defendant for personal loans of KRW 29,561,871 for the same day from that date to May 8, 2010, and embezzled the Defendant’s personal loans for the Defendant’s personal loans from that date.

2. From May 14, 2010 to May 14, 2010, the Defendant: (a) borrowed KRW 31,484,871 for personal loans of the Defendant on the same day while setting up a right to collateral security of KRW 525 million from F while setting up a claim amounting to KRW 52,500,000,000,000,000 from F as the obligor for the victim’s company’s debt in order to raise funds for the operation of the victim company; and (b) embezzled by consuming KRW 8,484,871 for personal loans of the Defendant on the same day during the course of business custody for the victim company; and (c) from that date to June 1, 2010, he/she used KRW 268,371,295 for total amount of 12 times as in the list of crimes in attached Form 2.