[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

Defendant

C On August 13, 2009, the Seoul Central District Court was sentenced to one year and two months of imprisonment for fraud. On June 29, 2010, the enforcement of the sentence was terminated, and on January 8, 2014, the Seoul Northern District Court was sentenced to four years of imprisonment for embezzlement, etc. and the judgment became final and conclusive on June 12, 2014.

Defendant

C is the actual operator of Company G (hereinafter “G”), Defendant B is the auditor of Company G, and Defendant A is the representative in the name of G.

At around 14:00 on December 31, 2012, the Defendants: (a) leased the said vehicle under the name of G (the period of 36 months, monthly rent of KRW 1,858,00), and (b) had the said vehicle kept for the victim, in the G stores located in Seongbuk-si, Seongbuk-si, Sungnam-si, the amount of KRW 71,61,360 from the Victim Matz Comprehensive Finance Co., Ltd. (hereinafter “H”).

Defendant B requested Defendant A to pay an agreed amount for the representative of G continuously, and Defendant C asked Defendant C to “I would have to pay money, and would have to pay money to the company,” and Defendant C would have to say, “I would have to lend money to A as security, and the remainder of KRW 10 million would have been used as company funds.” Defendant B and Defendant A accepted this.

After that, according to the above public offering, the Defendants borrowed 20 million won from the person who was unable to obtain his name (hereinafter referred to as "K") through J on the same day, and provided the said vehicle as security at will and embezzled it.

Summary of Evidence

1. Each legal statement of the defendant A and B;

1. Defendant C’s partial statement

1. Legal statement of the witness B;

1. The protocol of examination of the suspect as to Defendant B prepared by the public prosecutor (as to February 17, 2014) as to Defendant C and the protocol of examination of the suspect as to Defendant C prepared by the public prosecutor

1. Statement concerning L;

1. Lease contract;

1. An investigation report (Attachment to a certified transcript of the corporate register);

1. Previous convictions: Criminal records, investigation reports, criminal suspects C' judgments, case inquiry, and case inquiry;