Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On February 12, 2015, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of fraud at the method of flooding, and the judgment became final and conclusive on July 7, 2015.

The Defendant, as the actual operator of the Victim D Co., Ltd. D (Representative E), was in general in charge of the operation of the Victim Company and the execution of funds, and (1) in order to pay the down payment under the name of the Defendant, an apartment for which the Defendant borrowed the name of representative E in the name of the Plaintiff, the Defendant remitted KRW 3 million from the said account to the Plaintiff’s corporate account on November 20, 2012, KRW 4 million around November 21, 2012, KRW 9 million around December 17, 2012, and KRW 3 million from the said account to pay the interest on the above apartment loan, and KRW 5 million from the said account to the Defendant’s corporate funds embezzled in the name of the victim’s corporate account in his/her name on May 27, 2013, and then voluntarily remitted KRW 5 million from among the funds of the Defendant’s corporate funds embezzled in the name of his/her own account in his/her name.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E;

1. A protocol concerning the examination of suspect by a public prosecutor to I or J;

1. Detailed statement of account transactions, details of passbook transactions, details of account transactions, and account details;

1. Investigation report (report on suspect I’s statement of payment of the president of the A), investigation report (report on the hearing of the complainant’s statement);

1. Previous convictions in judgment: A copy of the text of the judgment (the 133th page of investigation records of the case No. 2015 type-2);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of fines) concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant’s assertion is not an embezzlement, since F apartment is purchased as the assets of the victim company, the total amount of KRW 17 million used in relation to F apartment is used as the funds used for the management of the company, and thus, it does not fall under the name of H.