A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The Defendant is a co-representative of the Victim B Co., Ltd. (hereinafter “victim”) established on December 21, 2016 for accommodation business, etc.

1. On July 10, 2017, the Defendant, without going through a resolution of the board of directors, withdrawn KRW 50,000,000 from the D account (E) in the name of the victimized company under the name of the Defendant for the purpose of using it as operating expenses of the C Co., Ltd., which the Defendant actually operated, to the account in the name of C Co., Ltd., as the borrowed amount, and then embezzled the total amount of KRW 378,650,000 over 28 times from that time to December 27, 2017, as shown in the list of crimes in the attached Table.

2. On August 30, 2017, the Defendant, in occupational breach of trust, had a representative director of the victimized company, have a duty not to inflict property damage, such as having the victimized company bear the obligation to guarantee the Defendant’s personal debt, but had the victimized company obtain property profit equivalent to the above amount of debt from the obligee F and suffered property damage equivalent to the same amount of debt from the victimized company, by having the victimized company jointly and severally guarantee the Defendant’s existing obligation to the Defendant’s obligee F in violation of his duty at the C Office located in Busan-gu, Busan-gu around August 30, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A copy of the police statement concerning F;

1. A construction execution contract and a standard construction contract;

1. An agreement;

1. A certificate, a standard contract for construction works, etc.;

1. Details of inputs A, details of account transactions, transfer certificates, tax invoices, receipts;

1. Inquiries about the details of transactions of D accounts in the victim's name;

1. Contracts and I specifications of transactions;

1. A certified copy of the land register;

1. A real estate sales contract;

1. A modified contract for construction works;

1. A construction permit;

1. Investigation report (Submission of a detailed statement of the amount of payment for the Cwork cost) and other related materials;