A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant becomes aware of the fact that he substantially operates D, a distributor of imported high-end machinery, while selling high-end seeds with the trade name “C”, and the Defendant paid the investment amount of KRW 145 million to the above D and became a shareholder of the above D around March 2009.

Since then, the defendant, who is the representative director in the name of D, imported a large volume of trends in China, making a company to attract investment funds and import trends in China as investment funds. On July 12, 2011, F and G, who are investors, decided to establish H as well as the defendant, and the defendant was the representative director of the above company.

On July 13, 201, the Defendant immediately left China, and said, on July 13, 201, F, “F, by withdrawing KRW 100 million capital of a company from the corporate passbook and delivering it in cash to I, and on which that occasion, the Defendant would receive a crypization equivalent to KRW 100,000,000 from China, and use it to import the Chinese trend by receiving the crypization of KRW 100,000 from China.”

On the same day, the Defendant: (a) withdrawn KRW 100 million from the account held in the name of the victim H Corporation; and (b) deposited the said money to China through the refunder; and (c) used the money for personal use, such as living expenses, etc., during the course of the business custody for the victim company, instead of using it as the estimated income, at that time.

Summary of Evidence

1. Statement of the defendant in part of the first trial record;

1. Legal statement of witness G;

1. Each legal statement of witness F, E, and J in the second protocol of the trial;

1. Each prosecutor's protocol of examination of part of the accused against the accused (including each substitute part of the FE);

1. Copies of each joint document;

1. An import plan;

1. Application of Acts and subordinate statutes of remittance receipt;

1. Relevant legal provisions and Articles 356 and 355(1) of the Criminal Act concerning criminal facts (the occupation of occupational embezzlement and the choice of imprisonment).