A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

From 2006 to June 2015, the Defendant was a person who managed the overall operation of the company as a joint representative director of the Victim C Co., Ltd (hereinafter “C”) located in Heung-gu Seoul Special Metropolitan City Co., Ltd. (hereinafter “C”).

On August 1, 2013, the Defendant entered into a monetary consumption lending contract with D (hereinafter “D”) representative E and the victim C’s transmission network facilities as collateral for transfer to D, and embezzled KRW 100 million from D on the day of borrowing KRW 100 million from D to the agricultural cooperative bank account in the name of C in the name of C as a loan borrowed from the date of borrowing, while the Defendant received deposit of KRW 100 million from D for the victim’s business on August 1, 2013 and used KRW 80 million to the agricultural cooperative account in the name of the Defendant on August 2, 2013, and embezzled it at will by using the personal debt and living expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of statutes on a certified copy of the corporate registry, a written contract for lending and borrowing of money and a written contract for transfer security, a statement of deposit transactions in the agricultural bank account account (ju)C, and a statement of deposit transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment, and imprisonment;

1. Article 62 (1) of the Criminal Act (the fact that repayment has been made to the victim and the fact that it is against the victim, etc.);