Defendant shall be punished by a fine of 3.5 million won.

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

Punishment of the crime

1. The Defendant, while serving as the head of the victim C Co., Ltd. from May 2012 to October 2012, the Defendant engaged in the management of dispatch vehicles and the management of unpaid transport charges to the borrower affiliated with the company.

On September 28, 2012, the Defendant received KRW 100 million from E, the representative director of the victim company in Gangseo-gu Seoul Metropolitan Government DD Building 401, as transportation fees for sub-contractors and borrowers, and embezzled the remainder of KRW 18,270,300 as transportation fees, from the above date to October 17, 2012, the Defendant paid KRW 81,729,700 to the borrower and 239, as transportation fees, from the above date and time to October 17, 2012.

2. On November 9, 2012, the Defendant’s defamation at H office operated by the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government, and the fact that the Defendant sent a mobile phone text message stating that “The Victim I would not have any capacity to pay the transport charges received from J, but the Chairperson I and the President President President of the Republic of Korea would no longer cause any more than anything.” Since the transport charges were not paid to the President of the Republic of Korea, by defraudation, and were returned to personal money, he would incur any transport charges hidden to CI Chairperson, by openly pointing out false facts by sending a mobile phone text message to the victim I.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and K, and part of witness I in the legal statement;

1. Statement of the accused, E and I in the suspect examination protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes to the details of payment of transportation charges;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement) and Article 307 of the Criminal Act.