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 becomes final and conclusive.

Punishment of the crime

On February 17, 2012, the defendant was sentenced to imprisonment for three years and six months with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the judgment became final and conclusive on October 25, 2012.

From April 4, 2006, the Defendant served as the representative director of the Victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Gangnam-gu Seoul (hereinafter “victim Co., Ltd”) and took charge of overall affairs, such as fund management.

1. On June 27, 2008, the Defendant: (a) around June 27, 2008, at the victim company’s office, the victim company provided a trade consultation; and (b) deposited fees of KRW 317,068,976 from Samsung C&T Co., Ltd., a contractor, into the victim company’s account and kept the victim company for the sake of the victim company.

The Defendant transferred the above money to the employee E’s account under the name of return of the investment money on the same day, and used it for the repayment of the debt or personal purpose of the Defendant F Co., Ltd. at the same time.

Accordingly, the Defendant embezzled the property of the victim company.

2. On April 28, 2009, the Defendant, at the victim company office around April 28, 2009, deposited KRW 411,832,50 in the victim company’s account as stated in paragraph (1) and deposited KRW 411,832,50 in the victim company’s account and kept it for the victim company.

The Defendant transferred the above money to the employee E’s account under the name of return of the investment money on the same day, and used it for the repayment of the debt or personal purpose of the Defendant F Co., Ltd. at the same time.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. A copy of a specification of transactions;

1. The amount of KRW 120,000,000, out of the amount of KRW 317,000,000, the criminal investigation report was remitted, and the amount of KRW 61,50,000, out of KRW 317,000,00, the amount of KRW 51,500, out of the amount of KRW 317,00,00, the amount of KRW 51.