A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from February 1, 2012 to February 3, 2015, was in office as the director of the management division of the Victim C Co., Ltd. (hereinafter “victim Co., Ltd”) from February 1, 201 to February 3, 2015 and was engaged

1. From February 28, 2013 to July 9, 2013, the Defendant: (a) returned KRW 9,000,000 from the building owners the five accommodation lease deposit used by employees in E E construction sites located in Nam-gu, Nam-gu, Nam-gu; and (b) consumed the amount for personal purposes, such as reimbursement of private debts and entertainment expenses, etc., according to the mind of the Defendant, during his/her business custody for the victim company.

2. The Defendant, from around December 10, 2014 to December 31, 2014, received construction cost of KRW 18,892,371 from the victim company to the 111 business entity, including F, etc., which is the customer of the victim company, and kept in custody, was not paid to the victim company around that time, and consumed it for personal purposes, such as reimbursement of private debts, etc. at that time.

3. On December 31, 2014, the Defendant spent KRW 26,673,344, in personal use, such as repayment of private debts, etc. around that time, while keeping KRW 26,673,34 of the trial balance owned by the victim company at the expressway site office from Ulsan to Ulsan Port among the above construction site offices.

4. On February 3, 2015, the Defendant embezzled total of KRW 89,739,763,763 won, including, around that time, when he/she had been in custody of KRW 30,202,30, and KRW 4,971,748 as of the end of the month at the H construction site, among the total amount of money owned by the victim company at the H construction site located in Yeongdeungpo-gu, Young-si, Young-si, G, for personal purposes, such as private debt repayment, etc.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the police statement of I;

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

1. Aggravation concurrent crimes;