A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of Corporation D.

On July 13, 2011, the victim E Co., Ltd. (hereinafter “victim E”) entered into an agreement on the Korea Environmental Industry and Technology Institute (hereinafter “the Technology Institute”) and the F Business (hereinafter “G sewage treatment plant construction business”) with the victim E Co., Ltd., and the victimized Co., Ltd participated as a joint participating institution.

The injured company agreed on December 28, 2012 to change the management entity of the above project cost from the victimized company to D while using the project cost of the State project in this case with the Institute of Technology received the project cost of the State project in this case.

Accordingly, D Co., Ltd. kept business expenses of KRW 242,948,214 from the affected company to the research expense account (company H) in the name of D Co., Ltd., and the victimized company requested the Technology Institute to execute the business expenses of this case, and the Technology Institute of this case approved its execution to D Co., Ltd. to execute the business expenses of this case only for the sake of the central book business of this case by remitting it to the victimized company.

While the Defendant kept the above money for the victimized Company, on March 13, 2014, the Defendant embezzled KRW 75,330,900 out of the project cost by arbitrarily remitting it to another account in the name of D Co., Ltd. without obtaining approval for the execution of the Technology Institute at D Office located in the 11st floor of Gangnam-gu Seoul International Building.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness K's respective legal statements;

1. The police statement of K;

1. Application of Acts and subordinate statutes to entries in agreements, certificates, official documents of the Korea Environmental Institute, and police seizure records;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) of the suspended sentence does not include the amount that the defendant embezzled.