A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On January 12, 2012, the Defendant was sentenced to imprisonment for four years and six months with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at Seoul High Court on January 12, 2012, and was finally decided on March 29, 2012, and was in office as the representative director of E (hereinafter referred to as “E”) who is engaged in the business of manufacturing and selling and lending materials related to education, from July 21, 2009 to March 23, 2010, and the business of operating a private teaching institute at a middle and high school

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was the representative director of the victimized Company E, and the Defendant embezzled the total of KRW 18,232,569,200 by voluntarily consuming personal debt, etc. over 21 times from around July 209 to around November 30, 2009, when he/she was under custody of 40,627 shares of the Samsung Card owned by the victimized Company E at the request of F, which was the representative director of the victimized Company E (c. 1,876,921,20 won at a market price).

2. As the representative director E of the victimized Company E, the Defendant was on duty to lend its funds to the victimized Company and to take appropriate measures to recover claims.

Nevertheless, the Defendant did not prepare a written resolution of the board of directors and a written agreement on loans, and without any security provision, lent KRW 5,000,000 to I, a corporation in which the Defendant was in office as a director, as well as KRW 300,000 on July 27, 2009, KRW 59,000 on November 2, 2009, and KRW 7, 200,000 on December 7, 2009, respectively, and lent KRW 5,00,000 to the J representative director on October 30, 209.

Accordingly, the defendant acquired a total of KRW 369,000,000 property interest from the I and J Co., Ltd., and suffered property damage equivalent to the same amount as the damaged company E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K, L, M and N.