Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, from the date this judgment becomes final and conclusive, respectively.

Punishment of the crime

Defendant

A is a person who has worked as a representative director in the name of Dosan City C and 2, from September 11, 2015 to October 20, 2016, and Defendant B is a actual representative director who has overall control over the business of the said corporation and has been engaged in the management of raising and raising funds.

On May 3, 2016, the Defendants received a loan of KRW 45 million in the name of the victimized Company and kept in custody for the victimized Company. Defendant A asked Defendant B to use KRW 20 million out of the amount loaned under the name of the Company for the repayment of personal obligations. Defendant B consented to the request, and Defendant B voluntarily remitted KRW 20 million from the said victimized Company’s corporate bank account (E) with the Internet bank account (E)’s creditor at the above victimized Company’s office around May 18:05, 2016.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Defendant A’s legal statement

1. Each protocol of examination of the suspect against Defendant A by the prosecution;

1. Defendant B asserts that: (a) investigation report (in the name of D) is accompanied by related documents, such as confirmation of the address of Internet banking business in the name of the Internet bank and detailed statement of transactions; (b) investigation report (report on accompanying documents to the suspect, the victim’s cell phone phone number); and (c) investigation report (report on the analysis of the telephone conversations in the victim’s cell phone number) is that Defendant A arbitrarily transferred KRW 20 million to F’s G association account; and (c) there

However, based on the evidence duly adopted and examined by this court, the following circumstances are revealed: ① Defendant A was merely the representative director in the name of the victimized company and Defendant B appears to have been in charge of managing the funds of the victimized company as the actual representative director; ② Company bank account was used in issuing a balance certificate to increase the capital of the victimized company and issued a balance certificate.