A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

Around June 21, 2017, the Defendant entered into a title trust agreement with the content that he/she should carry out his/her business according to the B’s instructions and consent when he/she becomes the representative director in the name of the company established by B, and entered into a title trust agreement with the victim company as the representative director on June 15, 2018 under the said title trust agreement with regard to the shares of D and victim E (hereinafter “victim company”) located in B and Kim Sea-si, which is the object of trust. B is a person who actually operates the victim company as the representative of the victim company without the consent of B.

1. On July 25, 2018, the Defendant: (a) returned KRW 5,090,000 from the lessor H to the account of an I bank account under the name of the victim company managed by the Defendant; and (b) embezzled it for personal purposes, such as living expenses, etc. around that time while the Defendant kept it for the victim company.

2. Around August 2018, the Defendant, when operating a victim company B, changed the password of J bank account (K) in the name of the victim company from that time to that of issuing a large amount of electronic bills, etc., and managed the funds owned by the victim company for the victim company on behalf of the victim company, and embezzled KRW 8,150,000 from that time to August 28, 2018, including withdrawing KRW 8,150,000 from the above J bank account around August 17, 2018 and consuming it for personal purposes such as living expenses, etc. from that time to August 28, 2018.

Accordingly, the defendant is owned by the victim who was under custody in business.