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

【Criminal Power】 On June 9, 2010, the Defendant was sentenced to a suspended sentence of two years for the crime of breach of trust at the Incheon District Court, which became final and conclusive on October 30, 2010.

【Criminal Facts】 The Defendant was the representative director of the Victim C Co., Ltd. (C) from July 5, 2007 to October 31, 2010, and E was the representative director of the said Victim Co., Ltd. from February 20, 2006 to July 5, 2007.

On February 28, 2007, the defendant was to operate E and the victim company in partnership with others, and around February 28, 2007, the defendant agreed to take charge of business and finance, and the defendant was to have management right.

On October 5, 2007, the Defendant received KRW 350 million from the G company located in the Nam-gu Incheon Metropolitan City, as a business operation fund for the same business, and kept it on behalf of the victim company.

On October 31, 2007, when purchasing H Apartment 106 Dong 901, Yeonsu-gu Incheon, Incheon, under the name of the defendant, 190 million won out of the above money is paid as the purchase price, and 2 million won in the name of brokerage commission, and embezzled the total amount of KRW 192 million by using it as the personal use.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. Previouss before and after judgments: Materials about criminal records and investigation records, and application of statutes (In Incheon District Court Decision 2010Ma1128);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Although the nature of the crime of this case is not weak in light of the damage amount, etc. to the crime of this case for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation Act, the defendant recognized his mistake and reflects it, and the victim company.