A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who has a number of records of committing crimes, such as fabrication of private documents, and actually operates E (hereinafter “E”) a company with the aim of introducing advertising models, and entertainment, etc.

On August 3, 2012, the Defendant entered into an advertising model contract with the content that the victim would contribute to IPR, I gift certificates and products, and professional advertising advertisements as an advertising model of H, Inc., the principal advertising owner, but would contribute to twice of events, such as printed materials three times, radio advertising twice, private meetings and press dogs, etc. In return, the Defendant would receive 187 million won (including added taxes) from H, and the Defendant’s operation would pay 8% of the above advertising model fees that the victim would receive from H from the victim, who is the exhibition company.

Defendant Company received KRW 187 million from H on August 30, 2012 in accordance with the above three-party advertising model agreement and embezzled KRW 172,040,000, excluding KRW 14,960,000, which the Defendant Company shall receive from the said third-party advertising model agreement, and the Defendant Company received from the said third-party company H, and embezzled the remainder of KRW 172,040,000 on behalf of the victim without the victim’s permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A complaint, the register of each corporation, each contribution contract, each model contract, advertising materials, and details of transactions of entry and departure;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the victim’s advertising model fee, which the defendant was kept in custody to overcome the company’s management crisis, was used voluntarily in office operating expenses and monthly salary of employees, and the case itself does not include a significant amount of damage.