A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case.

Punishment of the crime

[criminal records] On September 24, 2015, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment due to a violation of the Labor Standards Act at the Seoul Central District Court on September 24, 2015, and the judgment became final and conclusive on October 2, 2015.

[Basic Facts] D Co., Ltd. (hereinafter “D”) was established on Jan. 1, 1992 for the purpose of landscaping planting business, and the Defendant’s attached E was a representative director. Around Feb. 1999, the Defendant was employed as the head of the general affairs division and the general affairs division, etc., while serving as the representative director from Jan. 13, 2005 to Apr. 9, 2015.

From January 27, 2005 to July 6, 2010, the Defendant: (a) withdrawn approximately KRW 5,870,000 from several accounts in D’s name without any settlement of accounts; (b) deposited in his/her own account without any settlement of accounts; and (c) consumed personal card payments, foreign school registration fees, etc.; or (d) arbitrarily used without any documentary evidence after cash withdrawal; and (b) from January 27, 2005 to January 6, 2015, the Defendant used approximately KRW 4,520,000 from D’s several accounts to the account under the name of his/her family, such as the Defendant or the Defendant’s child, and used funds from his/her personal card, type D’s purchase of equity without any settlement of accounts or provisional payment, repayment, etc.; and (c) used funds from D’s ordinary account without undergoing the accounting process.

The defendant voluntarily withdraws and uses the company's funds, while he voluntarily withdraws and uses the company's funds to raise funds to fully repay the company's funds, as if he were paid benefits to false employees or paid excessive benefits to some employees, and then the company's funds are collected by himself.