A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

Around July 2009, the Defendant, as the head of the planning and coordination office of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”), was a person who performed the business of executing funds and managing funds of the victimized Co., Ltd. under F’s direction, and F is a person who has overall control over the business of the victimized Co., Ltd. and the president of G, the parent company of the victimized Co., Ltd. and H, the parent company of the victimized Co., Ltd., Ltd.

The Defendant had a duty to prevent the loss of the victimized company by: (a) under F’s direction to enforce the funds of the victimized company for KRW 1 billion in order for H to take over the shares of J (hereinafter “J”); and (b) taking measures to secure sufficient security for the victimized company to recover KRW 1 billion in the course of performing its duties; and (c) taking measures to ensure that the victimized company may recover KRW 1 billion in the course of performing its duties.

Nevertheless, on July 3, 2009, the Defendant violated his duties and received F’s instructions from the damaged company office located in Seongbuk-gu, Sungnam-si, and the Defendant did not take measures such as ordering the financial team of the victimized company to transfer KRW 1 billion to the J’s account from the damaged company’s account to the J to acquire the J’s shares, and then, without concluding the I’s share acquisition contract, the J used the said money as the investment deposit, and thus making it difficult to recover the said money difficult.

As a result, the Defendant conspired with F in breach of such duty, thereby having the J gain pecuniary advantage equivalent to KRW 1 billion, and caused damage equivalent to the same amount to the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness, LI and M;

1. Each prosecutor's protocol of examination of the accused;

1. Statement of the N in the police station;

1. Application of Acts and subordinate statutes, such as fund investment contracts, written agreements, etc., and investigation reports (informating reference materials submitted by suspects), shall be 1.