Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

From August 2008 to February 28, 2018, the Defendant is the representative director of C (hereinafter referred to as “victim Company”) and the actual president of C (hereinafter referred to as “victim Company”) of the victimized Person established for the purpose of selling fire-fighting appliances in Dongdaemun-gu Seoul, Seoul, who has overall control over the company’s business, such as accounting and fund execution.

Around September 17, 2008, the Defendant transferred KRW 12,500,00 from the above account to the National Bank Account (G) in the name of the Defendant’s former address to the Defendant’s bank account (G) for the victim company, which was in custody of the Defendant’s funds, around December 9, 2016, and then embezzled KRW 378,528,180 in total over 146 times from December 9, 2016, including the transfer of KRW 5,00,00,00 in total from around December 16, 2008 to the above account under the name of the Defendant’s name of the Defendant’s bank account (H), and embezzled from around 146 times, including the transfer of KRW 1,528,180 in total to the above account under the name of the Defendant’s name of the Defendant’s bank account (H) for consumption of living expenses, etc. until around 31, 2013.

Accordingly, the defendant embezzled the property of the victim company that was under custody in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Application of Acts and subordinate statutes on the details of deposits and withdrawals from accounts in the name of D, personal financial transactions, and accounts of A National Bank;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (recognisive circumstances among the following grounds for sentencing) of the suspended sentence;

1. Sentence of a punishment by law;