A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a person who operates Co., Ltd. E (hereinafter referred to as “E”) in Busan Seo-gu and is engaged in the export and import business, etc. of fishery products.

The Defendant had maintained the relationship between the F Co., Ltd. (hereinafter referred to as “F”) and the F Co., Ltd. (hereinafter referred to as “F”) by immediately borrowing 70% of the interest rate of 2.5% per month and selling fishery products and repaying the loans.

On the other hand, the Defendant is a person who is entrusted by the Victim G Co., Ltd. (hereinafter “victim Company”) with the processing and sales brokerage of fishery products, and export and is engaged in various management affairs, such as entry and departure of fishery products in respect of the processing, sales brokerage, and export of fishery products

On December 19, 2013, the Defendant provided loans of KRW 40,000,000 from F on the same day and embezzled them as security by providing them to the victim company, while he/she was in custody for the victim company, in an amount equivalent to KRW 50,225,00,00,000, which was put on commission of processing from the victim company to the e-mail factory E-mail operated by the Defendant.

Summary of Evidence

1. The statement of the witness H;

1. The first protocol concerning the examination of suspects of the accused (including the H substitute part);

1. Second-time protocol concerning the examination of suspects of the accused (including H and I cross-examination);

1. Protocol concerning the examination of each police suspect with regard to I;

1. Statement of the police statement to J;

1. Investigation reports (K entry, telephone communications and entry and departure statements);

1. Investigation report (person in charge of piracy for a stock company) - Application of the Acts and subordinate statutes attached to the specifications of transactions;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution that there is no basic area (4 to 1 year and 4 months) (a special person) [the decision of sentencing] [the decision of sentence] the defendant provided the 125 boxes as security and borrowed 40 million won as stated in the facts charged.