A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the representative director of the victim E in Gangseo-gu Seoul Metropolitan Government D1st floor.

1. Around February 18, 2009, the Defendant’s occupational embezzlement withdrawn KRW 140 million from the new bank account (Account NumberF) of the victimized company while managing the corporate passbook at the above victimized company’s office, and used it as the Defendant’s deposit money for apartment deposit around that time.

In addition, the Defendant embezzled total of KRW 159 million on two occasions from February 18, 2009 to June 17, 2009, as shown in Appendix I.

2. On February 19, 2009, the Defendant, in breach of occupational duty, purchased a corporate card (non-scam card H) that was received from the victimized company at G households located in Guro-gu Seoul Metropolitan Government for the above company’s business, and settled the household price of KRW 4.94,00,000 with the above corporate card, in violation of his duty, despite the occupational duty to use it for the above company’s business.

In addition, the Defendant purchased the Defendant’s personal goods on three occasions from February 19, 2009 to February 27, 2009 using the above corporate card as indicated in Appendix II, and settled the total purchase price of KRW 9,098,00 with the above corporate card, thereby acquiring economic benefits equivalent to that amount and causing considerable damage to the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement of the J;

1. Copy of corporate register;

1. Copy of payment in cash;

1. Details of use of the corporate card;

1. Current status of assets;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355(1) of the Criminal Act (including the occupation of occupational embezzlement and the combination thereof), Articles 356 and 355(2) of the Criminal Act (including the occupation of occupational embezzlement and the combination thereof), and the choice of imprisonment, respectively;

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

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act are the first crime (occupational embezzlement) (the scope of recommending punishment).