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 becomes final and conclusive.

Punishment of the crime

The Defendant established a private person B (State) from May 201 to October 2015, and served as a representative director, and has overall control over the operation and management of the company’s funds.

On July 25, 2013, the Defendant: (a) transferred KRW 34,00,000, out of the company’s funds under his/her business custody, to a separate company account (one bank account number:D) under the name of “mortgage trading loss” in order to repay personal debts that have been borne by supporting friendship business at the above company’s office located in Yeongdeungpo-gu Seoul Metropolitan Government building C, Yeongdeungpo-gu, Seoul; (b) on July 26, 2013, the Defendant withdrawn KRW 5,00,000 from the said bank account using the automatic payment machine within the branch of Korea’s credit bank, and used it for personal debt repayment, etc.

Ultimately, the Defendant, along with this, arbitrarily collected KRW 404,03,342 from July 26, 2013 to August 29, 2014, by means of transferring company funds to a separate company account as set out in the separate crime list, and withdrawing cash.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. B -081 - The application of the Bank Account Law in the name of the Bank Account B, B -759 - the name of the Bank Account B -106

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be at least 10 million won, and less than 500 million won (type 2] [the person subject to special sentencing] mitigation factors: One company or family company (the area of recommendation and the scope of the recommended punishment), six months to two years; and

3. Grounds for the Suspension of Execution [Main Grounds] positive: positive one parent company or family company [General Reasons] is clear and serious in social ties.