A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

From October 24, 2006, the Defendant served as the representative director of the victim D Co., Ltd. located in Gohap-Namcheon-gu, Chungcheongnam-do, and has overall control over the business of the said Co., Ltd.

On October 23, 2006, the Defendant received KRW 200 million from E, which is the shareholders of the victim company, as investment money, and deposited it into the bank account in the name of November 6 of the same year and deposited it into the bank account in the name of Busan Bank, and had the victim keep it for business purposes.

On November 13, 2006, the Defendant withdrawn the above KRW 200 million and deposited it into a deposit account in the name of the FF Farming Cooperative operated separately by the Defendant, and around that time, used it at will with the operating funds of the FF Farming Cooperative.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Second written examination of the accused;

1. Statement to E by the police;

1. Details of passbook transactions;

1. G certification;

1. Application of the certified transcript of corporate register, a certificate of deposit for stocks, a list of stockholders, a sales contract, each receipt, and each deposit certificate;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) of the same Act that apply to applicable provisions to the facts constituting an offense;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Type 2 from among the group of embezzlement and breach of trust crimes (not less than KRW 100 million but less than KRW 500,000);

(b) A special breeder: No person;

(c) Scope of recommendations: Imprisonment with prison labor for not less than one year nor more than three years;

2. The sentence shall be sentenced in the same manner as the disposition, in consideration of the decision of sentence, the amount of damage not recovered and so forth;