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

From April 21, 1995, the Defendant was working as a field manager at the victim G Co., Ltd. (hereinafter “H Co., Ltd.”) located in the second floor of the Seocho-gu Seoul Metropolitan Government F building from around April 21, 1995, and the Defendant was working as a management agent on behalf of I from around 1997 when I, the representative director of the said company, was serving as the president of the J Association from around 1997. Since around 2003, he was engaged in overall management of the company, such as operating and managing the said company’s funds.

On January 21, 1999, while managing the bank account of the victim company, the defendant arbitrarily remitted the company fund of KRW 30 million to the Agricultural Cooperative (K) account in the name of the defendant while keeping the company funds for the victim company in business on behalf of the victim company.

From May 16, 1998 to November 26, 2008, the Defendant used the company funds of KRW 169,695,000 in total over 21 times, as indicated in the column for “amount of recognition of a crime” in the attached list of crimes, by means of remitting the company funds of KRW 169,695,00 to the account in the name of the Defendant or the Defendant’s wife, etc.

Accordingly, the defendant embezzled the property of the victim company that was kept in business.

Summary of Evidence

1. Statement to the effect that the defendant has received money stated in the facts constituting a crime from a bank account in the name of the defendant or L bank;

1. The witness M in the 9th trial records, witness N,O in the 10th trial records, witness P in the 11th trial records, each statement in the 11th trial records, and witness I's legal statement;

1. Examination protocol of suspect of P by the prosecution (registration No. 1, No. 688 of investigation records);

1. Promissory Notes No. 12, No. 12, No. 1, No. 116 of the Investigation Records), deposit transaction statement (No. 1, No. 338 of the Investigation Records), inquiry table of request for non-transaction (No. 1, No. 360 of the Investigation Records), statement of request (No. 1, No. 390 of the Investigation Records), statement of reply (No. 513 of the Investigation Records), each protocol of examination of witness (No. 1, No. 541, No. 55 of the Investigation Records), and investigation records of transaction of post offices passbook.