Defendant shall be punished by imprisonment for a term of four years and six months.

The defendant pays 4,000,000 won to an applicant for compensation.

3.2

Punishment of the crime

From March 1, 1998 to November 15, 201, the Defendant is an accounting member of the Victim E Co., Ltd. (hereinafter referred to as “victim E”) located in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “victim”) and has been engaged in the business of accounting, fund management, etc. of the said company.

On March 9, 2007, while the Defendant kept the account (Account Number:H) of a Korean bank juristic person in which the funds of the said company were kept for business purposes, the Defendant transferred KRW 50,000,000 to the Korean bank account (Account Number: I) in the name of the Defendant, using a money check on which the company’s seal impression is affixed, and then arbitrarily consumed the funds for personal purposes, such as investment of stocks, etc. around that time.

In addition, from October 31, 2005 to September 16, 2011, the Defendant embezzled total of KRW 6,014,782,50 by the same method over 110 times, as shown in each crime sight table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to the police officer by the J;

1. The application of each Act and subordinate statutes to each daily fund accounting book, each E liquidity transaction statement, each E-B performance certificate, each suspect's statement of transactions in Korean banks, each suspect's statement of transactions in Korean banks, each check sheet of transactions in demand of national banks, each withdrawal statement, each suspect's statement of money, and the statement of profit rates by the suspect's account, each K account, and the statement of inquiries about the details of transactions in K's stock accounts, funds embezzlement statement, funds withdrawal statement, and each investigation report (Submission of materials, statement of account transactions in the complainant, etc.);

1. Article 3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012) and Article 356 and Article 355(1) of the Criminal Act (amended by Act No. 11304, Feb. 10, 2012; hereinafter collectively referred to as “the Act”)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 25(1) and 31(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;