1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

Punishment of the crime

The defendant is the representative director of the victim D corporation established for the purpose of the Gangwon-si manufacturing business in Kimhae-si, who exercises overall control over all affairs such as fund management of the victim corporation.

1. Around 2003, the Defendant sold the scrap metal generated in the process of manufacturing lectures, etc. at the victim company to the customer, and instead received the proceeds from the sales to the corporate account of the victim company, but instead received the proceeds directly in cash or received the proceeds from the Defendant’s personal account to use them for personal purposes.

On November 3, 2003, the Defendant sold the scrap metal of the victim company to E, and then arbitrarily used it for personal purposes, such as living expenses, etc. while carrying out business on behalf of the victim company by obtaining KRW 20 million from F, who is its operator, for personal purposes, such as daily living expenses, etc. In addition, as shown in attached Table 1, from December 29, 2009 to December 29, 2009, the Defendant received KRW 240,725,179 in total from that time to the cash or the personal account of the Defendant, and embezzled it by arbitrarily using it for personal purposes, such as Defendant’s living expenses and personal debt repayment, etc.

2. Around May 11, 2007, the Defendant, at the above victim’s office, arbitrarily withdrawn KRW 20 million owned by the victim’s company and then arbitrarily used the Defendant’s marriage funds, etc. with the Defendant’s marriage funds, etc., as shown in the attached Table 2, and embezzled the amount of KRW 151,565,186 by withdrawing or remitting the sum of KRW 151,56,00 from that time to April 8, 2008 into cash or the Defendant’s personal account at least eight times during the period from that time to April 8, 2008.

3. On January 2008, the Defendant, at the office of the above victim company, set the Defendant’s wife G and Hah’s wages at a higher level and made up documents, etc.