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

The Defendant, as the president of the Foundation D, owns the shares of the victim FF corporation located in the wife E as the chairperson of the Foundation D, and is a de facto largest shareholder who is delegated the authority of the relative shareholders, and a person who actually exercises overall control over the fund operation affairs of the Company, such as ordering G, the representative director of the said Company

On March 28, 2008, the Defendant directed the above G at the above company’s office, received KRW 50 million in the financial account (Account Number H) opened in the above company’s account as a provisional payment, and used it as a living cost, from that time until September 25, 2014, and embezzled 400 million won in the same way as shown in the list of crimes in attached Form 14 until September 25, 2014, by withdrawing it from the above company’s account under the name of the Defendant’s living cost, etc.

Accordingly, the Defendant, in collusion with the above G et al., embezzled KRW 400 million while on duty for the above company.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I;

1. Each letter of confirmation by J and K;

1. Current status of F-related corporations and business operators;

1. F register of shareholders;

1. Copy of each corporate register;

1. Minutes of each board of directors;

1. A contract for each monetary loan for consumption, golf membership, or sales contract;

1. A statement of transactions in each account, a copy of passbook, and a certificate of deposit;

1. Statement of the recognition of provisional payment, etc. and statement of interest;

1. Application of Acts and subordinate statutes to a resolution on admission and withdrawal;

1. Relevant Articles of the Criminal Act and Articles 356, 355 (1) and 30 of the Criminal Act concerning the crime. Article 356, 355 (Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the category 2 (the amount of not less than 100 million won to less than 500 million won) is mitigated (6-2 years), the mitigated area (6-2 years), the person who is not subject to punishment, or considerable damage is recovered;

2. Determination of sentence: Imprisonment with prison labor for one year and six months, and suspension of execution;