A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a general producer of public performance planning and video production chain Co., Ltd. (hereinafter “B”), and is a person who is a special purpose company (SPC) established by B for the production of “C” in musical performances (hereinafter “victim”) and has been delegated the right from the representative director E and has overall control over the production of the foregoing musical works and the execution of funds.

On March 29, 2016, the injured company entered into a contract to receive an investment of KRW 500 million on the condition that only the production cost of the above “C” was used with the FF Association on March 29, 2016, and received KRW 500 million from the said Association to the G Bank account (H) account in the name of the victimized company on March 30, 2016. On May 9, 2016, the Korea Technology Finance Corporation received a loan guarantee (guarantee amounting to KRW 1.9 billion, loan amounting to KRW 2 billion) for the production cost from the said “C” from the Korea Technology Finance Corporation on May 10, 2016, and was deposited into the I Bank account in the name of the victimized company (J) in the name of the victimized company.

Therefore, the above investment funds and loans should be used only as “C” production costs, but the Defendant had the mind to arbitrarily use part of the above funds being kept for the victimized company as the film “K” produced separately by the Defendant was insufficient, and on March 31, 2016, transferred KRW 28,1820,000 from the above G bank account in the name of the victimized company from the above G bank account in the name of the victimized company in Gangnam-gu Seoul, to the B account in the name of the victimized company, and used them as the above “K” production costs, etc. from September 2, 2016, as shown in the separate crime list, until September 2, 2016, the Defendant used 16 times as “K” production costs, etc. regardless of the victimized company’s work.

As a result, the Defendant embezzled KRW 907,820,00 of the company’s funds in the occupational custody.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. The prosecutor's statement of M and the police's statement of M;

1. - Written Round (N. 9B, 2015).