A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

From July 2007, the Defendant, as co-operator of the Victim E Co., Ltd., Ltd., Ltd., which is located in Young-si District D, was engaged in sale business, fund management, etc.

Around March 10, 2008, the Defendant entered into a standard contract for private construction works with H operator I Co., Ltd. and H Co., Ltd. to the effect that “A Co., Ltd. shall receive total construction cost of KRW 410,000,000,000, and shall reduce the commercial building of the first floor located in the Nam-gu, Seoul Special Metropolitan City and E Co., Ltd. to the second floor.” On August 29, 2008, the Defendant again entered into a contract to increase the construction cost of the contract to KRW 640,000,000, around September 29, 2008, and then transferred from the account (Account Number:K) account in the victim’s name to the Agricultural Bank account (Account Number) account in the name of H Co., Ltd. to the total construction cost of KRW 64,00,000,000 from the construction cost.

around September 29, 2008, the Defendant returned KRW 191,50,000, exceeding the actual contract price from I, to the M bank account (Account Number: N) managed by the Defendant, and consumed it for personal purposes, such as loan interest and living expenses, while being kept for the victim company.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Legal statement of the witnessO;

1. The part concerning the defendant's interrogation protocol concerning the prosecutor's office

1. Each prosecutor's protocol of statement concerning I, M, andO;

1. Part of the prosecutor's statement concerning P;

1. Application of the standard contract for each private construction project, E Bank Account Details, E Bank Account Transactions, Credit Transaction Agreements, H Nong Bank Account Transactions, Certification Documents (Joint Business Agreements), Real Estate Sales Contracts, Total Certificate of Registered Matters, M Bank Account Transactions, and Q-based Account Transactions Acts and subordinate statutes;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. Article 62(1) of the Criminal Act: