A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is a representative of the inside director of the victim D corporation in Gwangjin-gu Seoul Special Metropolitan City, who is engaged in the business of operating the company, such as fund management of the victim company.

On October 29, 2015, the Defendant entered into a subcontract agreement with E Co., Ltd. for the construction of steel reinforced concrete construction among the construction of the Jongno-gu Seoul Metropolitan Government F Housing Construction.

Around May 27, 2016, the Defendant received KRW 125,000,000 from the above D Co., Ltd.’s office to the bank account in the name of the victim company, and transferred KRW 80,000 to the Agricultural Cooperative Account in the name of G on the same day, and embezzled KRW 51,100,000 among them at will by using the personal debt repayment, etc.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each investigation report (to attach a witness H telephone conversations, a statement of payment of customers, etc. related to the instant construction work);

1. D payment amount and E details of direct payment, the current status of input of a complex construction project on the F week, a loan deposit sheet, and a construction work standard contract;

1. Details of financial account transactions and a certificate of deposit confirmation;

1. Application of all registered certificates and business registration certificates and statutes;

1. Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Determination as to the defendant's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution

1. The defendant's assertion that he transferred money from the bank account in the name of D Co., Ltd. to the agricultural bank account in the name of G is likely to enforce seizure on the account in the name of D Co., Ltd. due to tax delinquency.

The money transferred to the account in the name of the above G was returned to the NA account in the name of the defendant who performed the role of the field director of the DF Corporation at the site of the FF Housing Construction Corporation, and the amount of KRW 48,900,000 among them was returned to the NA account in the name of the DF bank account or the corporate bank account.