A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

From January 21, 2014 to April 15, 2014, the Defendant, while serving as the representative director of the Co., Ltd. (hereinafter “C”), received, stored, and managed the sales amount generated from food stores of the first floor E in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “C”), and was in charge of returning the remainder of the sales amount, excluding sales fees, store management expenses, taxes and public charges, etc., out of the sales amount, to the occupants of the said stores on the 15th of the following month.

From March 1, 2014 to April 15, 2014, the Defendant arbitrarily used KRW 90,117,920,00 from the above E’s office to the account of an enterprise bank (F) in the name of the victims as shown in the attached Table of Crimes (1), and paid KRW 1.1 million to the Defendant for the interest of the obligation for the loan against vehicle security, which is the former representative director C, from March 3, 2014, until April 21, 2014, as shown in the attached Table of Crimes (2).

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. The statement of a witness H in the second protocol of the trial and the statement of a witness I in part;

1. Each protocol of examination of the accused by the prosecution (including the substitute part);

1. The police statement of H;

1. Investigation report (related to the details of deposits made by the accused);

1. Current status of sales by cop, settlement of accounts by copp, application of Acts and subordinate statutes of each lease contract;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. Determination as to the defendant and his/her defense counsel's assertion under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act aggravated concurrent crimes

1. The sales tax invoice from March 1, 2014 to April 15, 2014 is not issued to C.