A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Punishment of the crime

1. From October 8, 2012 to July 8, 2014, the Defendant was working as the representative director of the victim D Co., Ltd., Ltd., the Defendant engaged in the management of the fund and overall business of the said company.

On June 5, 2014, the Defendant, on the ground that he lost the passbook and password connected to the one bank account (F) in the name of the victim, who is another representative director of the victim, was in the custody of the funds of the victim’s company that was deposited in the said account after re-issuance of the passbook connected to the said account. On July 8, 2014, the Defendant, upon submitting a resolution to dismiss the representative director of the said account, submitted the said E, etc. to the board of directors, had the intent to withdraw the funds of the victim that was deposited in the said account and arbitrarily

On July 8, 2014, at around 10:44, the Defendant transferred KRW 360,000,000, out of the funds deposited in the said account at a single bank branch located in Gangnam-gu Seoul Metropolitan Government, to the new cooperation account under the name of the Defendant, and consumed at will the Defendant’s personal use.

Accordingly, the Defendant embezzled 360,000,000 won in cash owned by the victim.

2. On July 8, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was dismissed from the office of representative director in accordance with the resolution of the board of directors of the victim D Co., Ltd., but was in custody for the victim without returning the passbook, etc. connected to the Korean Standards and Exchange Account (H) in the name of the victim at the time of being employed as the representative director. On July 14, 2014, the Defendant deposited KRW 700,000 from one asset trust of the said account, which was in custody for the victim. On July 14, 2014, the Defendant was willing to withdraw it at his own discretion and make embezzlement, and KRW 50,245,930, out of the funds deposited in the said account at a place where it is unknown on the same day, and deposited KRW 50,245,930, out of the funds deposited in the said account, the Defendant’s checks at that time.