A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

From June 2016 to November 201 of the same year, the Defendant is the promoters of the Victim C Association (hereinafter “victim Association”) and the financial advisory provider of the Victim Association, and is the representative director of D (hereinafter “D”).

On July 7, 2016, the Defendant: (a) obtained a loan from the above country’s loan finance to the account (E) in the name of one bank in the name of the victim union with the right to a taxi license, etc. from the said country; and (b) received a transfer of KRW 2 billion from the said country’s loan finance to the account of the victim union in the name of the victim union; and (c) received a transfer of KRW 2 billion for the sake of the victim union while keeping it in business for the victim union, the Defendant thought that he/she would use the said loan from the victim union with the acquisition fund, criminal case agreement money, and personal living expenses, etc.

On July 7, 2016, the Defendant arbitrarily used the Defendant’s loans totaling KRW 11490,000,000,000 from around 35 times until November 30, 2016, including the transfer of KRW 500,000 to the account (I) of Han Bank from the said Han Bank account via the said Han Bank account (H) at the point of Han Bank, Gangnam-gu, Gangnam-gu, Seoul, to repay the loans of the said FF association and criminal case agreements, and then arbitrarily used the Defendant’s loans totaling KRW 1149,00,000,000,000 from the date of November 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the J's statement);

1. Statement made to K in the police statement;

1. Documents related to the head of a complaint, documents, minutes, etc. of a corporation related to the C Cooperatives (victim Cooperatives);

1. Details of reorganization, details of financial accounts, financial intermediary and advisory contract, and documents related to loans to victims' associations;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of the amount of embezzlement);

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

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;