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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From September 2018, the Defendant, as vice president and vice president of D, a victim of Songpa-gu Seoul Metropolitan Government No. 2 and 2 level C, has been engaged in the business of keeping the bank account (F) in the name of the victim company, and has been engaged in the business of managing the revenue and expenditure of the company fund.

1. On August 28, 2018, the Defendant: (a) transferred KRW 2.5 million from the said account that he/she had been in custody with the possession of an authorized certificate of the said company to the Defendant’s corporate bank account in the name of his/her wife G (Account Number:H); (b) transferred the said money to the Defendant’s account in the name of his/her wife G at around 17:40 on the same day; (c) voluntarily consumed the said money by credit card payment; and (d) from around that time to October 15:13, 2018, the Defendant arbitrarily consumed KRW 20,500,000 in total on three occasions, such as the entry in the list of crimes.

Accordingly, the defendant embezzled the property of the victim company that has been in custody of business.

2. On August 29, 2018, at the “E bank extension branch” located in Seocho-gu Seoul Metropolitan Government K on August 13:59, 2018, the Defendant fraudulently stated that “The cost of establishing Chinese branch is required to enforce funds” to the representative L of the victim company.

However, in fact, the establishment of the Chinese branch was not in progress, and the defendant thought that he would receive money from the beginning to use it individually, so even if he received money from the victim, he did not intend to use it for the establishment of the Chinese branch.

As above, the Defendant, by deceiving L from the representative L of the victim company, obtained cash of KRW 1.5 million and KRW 7.5 million in total from the check to the Chinese branch as a fund for the establishment of the Chinese branch in the same place.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each statement of L, M and N in the second trial records;

1. Each police suspect interrogation protocol (including L/L statements) against the accused;

1. Each police officer with respect to L/N.