Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a representative director and an accountant in charge of accounting of the victim C& corporation who is engaged in heating, underground water utilization and development business, etc., and is engaged in the fund management business of the above company.

D A around October 2015, around 2015, subcontracted the construction of the E-W system, etc. in Busan Gun, and around that time, B Co. was sub-subcontracted to C Co., Ltd.

Therefore, D Co., Ltd. paid the construction price of KRW 182,771,136 to B Co., Ltd. after completing the above construction work on January 13, 2016, and Defendant transferred the said construction price to F deposit account in the name of the Defendant.

While the Defendant kept the construction cost of the victim company as a deposit account in the name of the Defendant, the Defendant voluntarily used KRW 40,252,636 over five occasions, such as the statement in the list of crimes, from around January 13, 2016 to February 5, 2016, from the office of the victim company located in the Orcheon-gu G building and the victim company located in the H as the Defendant’s loan repayment, to I as well as from the time to February 5, 2016.

Accordingly, the Defendant embezzled the property of the victim C Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. The complaint letter, a certificate of all the registered matters, a shareholder list, a business registration certificate, a contract for construction work, a written statement made by the police to J (including the second time), a statement prepared by the police to examine the loan of the representative director (including the second time), the details of the loan, the main text of the outsourcing construction service contract, the details of deposit and withdrawal transaction, the details of deposit and withdrawal transaction, the construction business registration certificate, records, the report of excavation, records, the source of confirmation of construction facts, the citizen inquiry, the details of each financial transaction, the details of each financial transaction, the notice of the current status of the financial transaction, and each investigation report (including telephone communications by witness M telephone, N representativeO, etc., witness I telephone communications, telephone communications by person related to P corporation, witness Q Q telephone, and A account amounting to KRW 10 million.