A defendant shall be punished by imprisonment for six months.

However, 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

[criminal power] On October 11, 2012, the Defendant was sentenced to six months of imprisonment with prison labor and four months of imprisonment with prison labor at the Seoul East Eastern District Court on February 15, 2013, and the judgment became final and conclusive on February 20, 2013. On February 20, 2013, the Seoul East Eastern District Court sentenced two months of imprisonment with prison labor for fraud, and the judgment became final and conclusive on May 27, 2013.

【Criminal Facts】

Around January 27, 2012, the Defendant: (a) purchased a vehicle in the name of the juristic person in the name of the said juristic person in the name of the said juristic person, and provided it as collateral to E in the name of the said juristic person; and (b) obtained a copy of the certificate of the seal impression, the copy of the register, the representative director’s identification card, etc. from E in the name of the said juristic person; and (c) received a loan from one Capital Co., Ltd. in the name of the victim company around January 27, 2012.

The Defendant purchased a director car with the above loan, and took out a loan of KRW 25 million from the pawnpo-gun located in the Gangseo-gu Seoul Special Metropolitan City, Gangwon-do, Seoul Special Metropolitan City on January 2, 2012 as security and remitted the loan to E on February 5, 2012, and embezzled the remainder of KRW 13 million by arbitrarily consuming it around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by witnesses E in the fifth trial records;

1. Each prosecutor's protocol of examination of the accused (including E statements);

1. Previous records of judgment: Application of the previous records of dispositions, results of confirmation (section 57, page 113, page 57, page 113 of investigation records), investigation reports (report attached to the previous records of the same type of judgment);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant was sentenced to a suspended sentence of two years on December 9, 2010 due to fraud, etc. and committed the instant crime during the suspended sentence.