A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From November 2008 to February 2010, the Defendant: (a) was a person who served as the president of the Victim Evolving Association (hereinafter referred to as the “Damage Association”) located in Geumcheon-gu, Seoul; and (b) deposited funds of the damaged prosperity, such as management expenses, into the foreign exchange bank account in the name of the Korea Exchange Bank; and (c) on April 29, 2009, the Defendant deposited the damaged prosperity funds in the office of the Korea Exchange Association (hereinafter referred to as the “Korea Exchange Bank”); and (d) had the accounting staff F transfer KRW 10 million from the damaged prosperity’s foreign exchange bank account to the Defendant’s name on the same day; and (e) transferred the KRW 5 million from the damaged prosperity to the Defendant’s name on the same day by the same method on August 6, 2009; and (e) used them for private use on the same day.

Ultimately, the Defendant, as above, embezzled the total amount of KRW 15 million owned by the damaged association on two occasions by discretionary consumption.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G or F’s legal statement;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to F;

1. A criminal investigation report (related to the submission of a detailed statement of transaction) and a detailed statement of transaction;

1. A criminal investigation report (report on attachment, such as details of financial transactions in the name of the E commercial mall), a certificate of attachment, and a copy of a bankbook;

1. A complaint;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Determination as to the defendant and his/her defense counsel's assertion under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.

1. The defendant's assertion of the defendant and the defense counsel received money of KRW 10 million and KRW 5 million each, as stated in the facts constituting a crime in the judgment of the injured party conference, but this is the money borrowed from H or the defendant by the injured party conference.