A defendant shall be punished by imprisonment for nine months.

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

Punishment of the crime

The defendant is the representative director of the victim D Co., Ltd (hereinafter referred to as "D") whose main business purpose is marine transportation brokerage business.

The defendant received part of the commission fees that the victim company received from domestic and foreign customers after providing marine transportation brokerage services, and used them as non-funds, while minding to reduce the burden of corporate tax on the victim company.

On August 23, 2006, the Defendant: (a) borrowed the bank account in Hong Kong HSBC in the name of the foreign juristic person operated by the police officer of the Defendant from August 23, 2006 to December 12, 2007, and (b) falsified the victim company engaged in brokerage business jointly with E; (c) wired the sum of USD 157,197 (Korean USD 145,236,693) out of the brokerage commission that the victim company received from the customer of the transaction to the above account; (d) continuously transferred the sum of USD 157,197 ($ 145,236,693) to the above account; (e) opened the Hong Kong HSBC bank account in the name of the contracting officer of the Defendant; (e) opened the Hong Kong HSBC bank account in the name of the contracting officer of the Defendant; and (e) transferred it to the said account in the name of 1505 U.S. dollars, 20082.

As such, the Defendant: (a) transferred USD 19,755 (an amount equivalent to KRW 17,823,836) deposited in the account in the name of E on November 2, 2007, to the Defendant’s bank account in the name of E and F (an amount equivalent to KRW 17,823,836) on or around November 2, 2007; (b) used the Defendant’s card payment repayment, etc.; and (c) used the Defendant’s card payment from around that time until January 8, 2013, total amount of KRW 796,647,632, out of the funds deposited in the account in the name of E and F’s name, as shown in the attached Table of Crimes, from around 60 times to January 8, 2013.