207 Highest 898 (a) Embezzlements

207 Highest 2302 (Consolidation) b. Breach of trust

207 Height2 436 (Joints)

J. 00 (00000 - 00000) Labor

Housing Daegu North-gu - - - Other

Permanent Address-U.T. - -

Kim Tae-tae

Attorney Park Jong-young (Korean National University)

August 16, 2007

A defendant shall be punished by imprisonment for not more than ten months.

Criminal facts

On January 24, 2006, the Defendant, who had worked as the representative director of the company, and embezzled on January 24, 2006, the amount of KRW 40 million equivalent to the above company's market price of the above company's possession at his own discretion on May 24, 2006, by selling the above company's first half of the above company's total market price of KRW 40 million to the above company, in accordance with a lease agreement, at the above company's factory office located in Seogu-gu, Daegu-gu.

2. On December 1, 2004, the Industrial Bank of Korea of Daegu High School established 3.0 billion won for small and medium enterprise facilities 9,000 won and transferred treatment (cNC equivalent to 60 million won per 1 market price) owned by the Defendant as security and managed two above half of the victim's security right until the payment of the above loan was made. Despite the duty of 0.6 p.m. 1 p.m. 6 p.m. 6 p. 7 p.m. 1m. 6m. 7m. 6m. 2m. 7m. 6m. 1m. 6m. 2m. 6m. 7m. 1m. 2m. 7m. 200m. 7m. 1m. 2m. 7m. 200m. 1m. 6m. 3m. 2m. 3m. 200m. 7m. 3m.

Summary of Evidence

[Criminal facts of the judgment] Paragraph (1) of the 2007 Highest898

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written complaint and lease contract [paragraph (2) of the crime as stated in the judgment: 207 Highest 2302];

1. Defendant's legal statement;

1. Statement of examination of the accused by the prosecution;

1. The police's statement concerning Kim Su-chul;

1. A letter of business trip;

[Crimes Nos. 3 and 4: 2007 Highest 2436]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police in relation to gambling;

1. A detailed statement of leased articles;

Application of Statutes

1. Article applicable to criminal facts;

(a) The point of embezzlement as indicated in the judgment: Article 355 (1) of the Criminal Act (the choice of imprisonment);

(b) The point of breach of trust in judgment: Article 355(2) and (1) of the Criminal Act (the choice of imprisonment with labor);

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Considering that the purpose of the financial support system that was prepared based on trust relationship between financial institutions and small and medium enterprises is serious and its order is undermined by the Defendant’s arbitrary disposal of the machinery purchased through transfer as security or lease contract several times, and even if the contract deposit, paid lease fee, etc. are deducted, it is not recovered from considerable amount of damage. In light of the above, strict punishment corresponding to the Defendant’s act is inevitable.

Judges Kim Jong-chul