A defendant shall be punished by imprisonment for two years.

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

On April 29, 2011, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor at Seoul High Court on April 29, 201, and the judgment became final and conclusive on February 9, 2012.

From September 20, 2006, the Defendant, as a director of the victim D Co., Ltd. (hereinafter “victim”) who carries out real estate sales business, etc., was in charge of fund execution, etc.

On February 2, 2009, the Defendant was delegated by F Co., Ltd. (hereinafter “F Co., Ltd.”) to receive promissory notes in the aggregate amount of KRW 900,000,000, issued by F Co., Ltd. (hereinafter “F Co., Ltd.”) from E to the victimized Co.

Accordingly, the Defendant received a promissory note of KRW 600 million at the H office located in Seocho-gu Seoul Metropolitan Government on February 13, 2009 from F companies, and the written indictment contains that the Defendant received a promissory note of KRW 900 million in total at the face value around March 10, 2009. However, according to each evidence of the judgment, the Defendant received a promissory note of KRW 600 million in face value and a promissory note of KRW 300 million in face value around February 13, 2009, and then received a promissory note of KRW 300 million in face value around March 10, 2009 by replacing a promissory note of KRW 200 million in face value and a promissory note of KRW 100 million in face value.

On March 10, 2009, at the above law firm H office, one promissory note of KRW 200 million per face value (J) and one promissory note of KRW 100 million per face value (K) were kept in custody for the damaged company. On April 2009, although the F company, the issuer of the said promissory note, entered the legal management due to default, and was demanded by the victimized company to return the said promissory note, the Gwangju District Court filed a rehabilitation claim report as if it were the creditors of the F company, and embezzled the amount of KRW 90 million per face value.