1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 10, 2013, the Defendant: (a) agreed to borrow KRW 120,750,012 from CSSSSS Co., Ltd. to pay KRW 3,354,167 each month in installments for 36 months from January 2014 to December 2016; and (b) agreed to provide the victim company with the computers installed in E and monitoring 55 units each month (hereinafter “each of the of the instant computers and monitors”) and each of the computers and monitors installed in “G”, which were scheduled to take over, as security, in order to raise funds necessary for taking over, “G” on the fourth floor of the FSS-gu in Busan.

Nevertheless, around February 19, 2015, the Defendant transferred each of the instant computers and monitors to Korea Liber Co., Ltd., and leased new computers and monitors from the said companies as lease.

Accordingly, the Defendant, on behalf of the victim company, was a person who handles the affairs of keeping each of the computers and monitors of this case for the victim company, acquired financial benefits and inflicted damage on the victim company by violating his duties.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police with H;

3. A complaint;

4. Application of statutes on a copy of a process deed;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

2. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Determination of types: Embezzlement crime group - Type 1 (less than KRW 100 million);

B. There is no special sentencing factor:

(c) Scope of recommending punishment: Imprisonment with prison labor for a period of four months to one year and four months (basic area);

3. Criteria for suspension of execution;

(a) Major reasons: Unagreement ( negative factors);

(b) General circumstances: A person who has no criminal record of at least a stay of execution and the motive for reference;

4. In this case, the decision of sentence shall be made by the defendant on December 1, 2013.