A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

Around April 17, 2015, the Defendant entered into an agreement with the victim’s D office located in Mapo-gu Seoul Metropolitan Government as “F business name: G business name”; “F business name”; “from April 17, 2015 to February 3, 2016”; and “total business cost of KRW 10 million” at the above office around August 27, 2015, the Defendant agreed to change business expenses from KRW 10 million to KRW 19.8 million.

E granted project expenses to the above damaged corporation for the F business purpose by designating the use, and the above damaged corporation submitted project expenses in advance to the defendant, approved project expenses according to the project plan, and submitted a statement of settlement of accounts to the above victimized corporation to undergo an inspection of the project. If the project expenses are used for any other purpose, the use of the project expenses was designated and granted as the project expenses as the "G project expenses".

Under the foregoing Convention, the Defendant embezzled KRW 15,624,200 among the period from May 20, 2015 to November 30, 2015, using KRW 17,495,00 as “in the name of the G project cost” during the period from May 20, 2015 to January 20, 2016.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made to H and I by the police;

1. Each standard agreement and agreement for amendment to the agreement;

1. Details of each account;

1. Each return of project costs, each protocol of mediation, and each letter;

1. Application of Acts and subordinate statutes governing registration;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing guidelines under Article 62-2 of the Social Service Order Criminal Act shall be applied [the scope of recommended punishment] Type 1 (the scope of less than 100 million won) and the basic area (4 months to 100 million won) (the person who is subject to special sentencing).