A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who was a representative director in the victim B corporation from July 16, 2015 to April 7, 2018.

On March 14, 2017, the Defendant entered into a contract with the owner E for the new construction of “F hotel” in the Kimhae-si C building and the D B office, and received the down payment KRW 200 million from E to the G Association account (H) account in the name of the victim and kept in custody for the victim, and transferred KRW 195 million to the I account in the name of the Defendant, and used it in the transaction of stocks and futures.

As a result, the Defendant embezzled KRW 195 million, which he kept on duty for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. The application of Acts and subordinate statutes to the accusation, certified transcript of corporate register, B details of deposit transactions in G unions, copies of standard contract documents for construction works (F hotel construction works), investigation reports (Attachment to the detailed statement of deposit transactions submitted by the complainant) and I replys;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of recommended areas and the scope of recommendations], the scope of the punishment for embezzlement and breach of trust [the type 2], the amount of at least 100 million won, the amount of less than 500 million won [the amount of special punishment], the reduced amount of punishment, or the amount of less than 500 million won: the reduced amount of punishment [the scope of recommendation areas and recommendations],

3. In full view of all the circumstances indicated in the record, including the confession of the Defendant to commit the instant crime, the fact that the Defendant agreed with the victim, the fact that the Defendant has no criminal punishment power exceeding the same kind of power or fine, the amount of damage in this case, the age, character and conduct, environment, relationship with the victim, motive, means and consequence of the instant crime, etc., the order of sentencing within the scope of recommended punishment according to the sentencing guidelines.