A defendant shall be punished by imprisonment for one year.

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

Criminal facts

Some of the facts charged were corrected.

The Defendant, as the representative director of the Victim B Co., Ltd. (hereinafter referred to as the “victim”), deposited KRW 1,159,504,00 in cash or withdrawn KRW 19 million from the national bank account (C) in the name of the victimized Co., Ltd. on March 22, 2012 and deposited it in the national bank account (D) in the name of the Defendant on the same day. From around that time to July 24, 2014, the Defendant deposited KRW 1,159,50,00 in cash or withdrawn in cash after transferring the money deposited in the said account in the name of the victimized Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) to the said account in the name of the Defendant for the purpose of the victimized Co., Ltd., Ltd., and used KRW 875,588,353 in total for the purpose of transferring it to the account of the victimized Co., Ltd. or for the damaged Co., Ltd., Ltd., the remaining KRW 2835,507.

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy of the investigation record (86 pages);

1. Application of Acts and subordinate statutes to investigation reports (Adjustment of Details of transactions by account withdrawn in cash), investigation reports (the details of use of funds, and 701 pages of investigation records);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. The scope of the applicable sentencing under the Act on the Reasons of the Suspension of Execution under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing below): The scope of the applicable sentencing according to the sentencing guidelines for one month to ten years [the decision of a type] shall be punished by embezzlement and breach of trust [the type 2], at least KRW 100 million, less than KRW 500 million [the special person], and less than KRW 500 million [the mitigated person]: where considerable damage has been recovered [the area of recommendation and the scope of recommended punishment], the area of mitigation, six months through two years [the general person], respectively: