Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On December 18, 2019, the Defendant was sentenced to one year of imprisonment for the crime of embezzlement and two years of suspended execution at the Incheon District Court on December 18, 2019, and the sentence became final and conclusive on December 27, 2019.

1. On October 14, 2010, the Defendant leased the victim B with “a seal, heat treatment room, and part of other working spaces (hereinafter “instant factory”) located in the D industrial company located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant factory”) as the leased deposit amount, the Defendant leased the leased amount of KRW 15 million from November 1, 201 to October 31, 201, the deposit amount of KRW 15 million, and the rent of KRW 2.3 million from the victim.

On October 31, 2011, the Defendant stated to the effect that “the Defendant would return the instant factory first to the Plaintiff,” but, in fact, the Defendant did not have any intent or ability to return the lease deposit upon the return of the instant factory from the damaged party due to bad credit standing due to excess of the obligation at the time.

Nevertheless, the defendant deceiving the victim as above and received the refund of the factory of this case on the same day from the injured party, but did not return the lease deposit, thereby acquiring the same amount of property interest.

2. The Defendant is a person who, from July 201 to September 2012, works as a joint representative director of the Victim F Co., Ltd. in Seo-gu Incheon, has been engaged in overall affairs, such as the management of the victim company, the storage and management of funds, etc.

On October 13, 2011, the Defendant arbitrarily transferred KRW 180,000,00, while keeping the corporate funds of the victim company in custody for business purposes, to G, who is not a person for personal purposes, and used it for personal purposes. From around that time to January 10, 2012, the Defendant transferred total of KRW 5,530,000 by the same method three times in total as indicated in the annexed crime list, and arbitrarily used it for personal purposes.

Accordingly, the defendant embezzled the property of the victim who was under custody in the course of business.

Summary of Evidence

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