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 of the final judgment.

Punishment of the crime

The defendant, who is engaged in the manufacturing business in the name of Kimhae-si B, and who is delegated by 22 creditors such as D including the above C, as the representative of bond group, collected claims, etc. from the above E in relation to the rehabilitation case against E Co., Ltd. which is the debtor and the fraudulent complaint case against F which is the representative director of the company, and was in charge of the custody of each delegating creditor. On January 19, 2017, the Criminal Mediation Committee under the Busan District Public Prosecutor's Office established a letter of agreement to take over the property such as cash assets, non-cash assets, etc. owned by E from the representative director by February 3, 2017.

Accordingly, around January 20, 2017, while keeping KRW 94,480,281 in cash from E Co., Ltd. to H Association account (I) in custody, the Defendant deposited KRW 30,00,000 in the above C Co., Ltd. around January 25, 2017 and used KRW 30,00,000 in full as company operation expenses, etc. around that time. From that date until December 31, 2017, all KRW 271,689,387 were transferred from that date to December 31, 2017, while each remittance was being kept for 18 times as shown in the list of crimes. From January 24, 2017 to May 15, 2018, the Defendant used KRW 241,573,2737,737 for the personal use of the Defendant’s operating expenses, such as the Defendant’s company.

Accordingly, the Defendant embezzled KRW 241,573,723, which was kept on duty for the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes to each complaint delegation letter, each notice of credit transfer (K) and the fact inquiry letter, each proxy letter, each delegation letter, each commitment letter, each investigation report, each claim transfer and takeover contract, content verification statement, each fact inquiry request, ML membership trading contract, membership agreement, written decision of the Changwon District Court, written agreement, written agreement, and written confirmation of facts;

1. Criminal facts;