Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

provided that this ruling has become final and conclusive.

Punishment of the crime

Defendant

A is a director or actual representative of the victim G (State) in the Republic of Korea from around July 30, 2010 to the Republic of Korea, who was in charge of the business and expenditure of the said company, and Defendant B is a representative director in the name of the said company.

The Defendants embezzled KRW 5 million from August 30, 201 to December 31, 2012 by arbitrarily consuming the total amount of KRW 103,383,480 owned by the victim from August 30, 201 to December 31, 2012, including embezzlement of KRW 5 million by Defendant B’s arbitrary withdrawal of KRW 5 million for personal purposes without a resolution of the board of directors on January 24, 201 and then using it for personal purposes.

As a result, the Defendants conspired and embezzled the property of the victim who was under custody in the course of business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness H;

1. Each prosecutor's office protocol against the Defendants (including the whole part of interrogation);

1. Each protocol of prosecutorial statement concerning K, L, M, N, andO;

1. Each report on investigation;

1. A certified copy of each register, cash receipt and disbursement book, copy of a corporate passbook, G articles of incorporation, list of shareholders, receipts, statement of passbook transactions, statement of deposit money, meeting minutes of the board of directors, minutes of temporary general meeting, statement of provisional payment and statement of accounts;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 356, 355 (1), and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment. Article 356, 355 (1), and 30 of the same Act

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. The purpose of a company is for the representative director of a company guilty of Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., or a person who has carried out de facto affairs concerning the custody and operation of company funds corresponding thereto.