A defendant shall be punished by imprisonment for six months.

However, the execution of sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the actual representative of the LABD (hereinafter referred to as “Defendant Company”).

On November 8, 2012, the Defendant borrowed KRW 300,000 from the web business operator of the Dispute Resolution Bank (hereinafter “victim Company”) to pay the principal and interest of KRW 360,000,000 on June 30, 2013, and entered into a monetary lending contract and security contract to transfer the ownership of printed machines equivalent to KRW 583,00,000,000 in the market price owned by the Defendant Company as security with the victim company, and received KRW 300,000 from the victim company’s IBK Bank account (Account Number) in the name of the Defendant company from the victim company to KRW 201. On November 19, 2012, the Defendant received additional KRW 10,000,000 from the victim company and received additional KRW 10,000,000 from the victim company until the date on which the above borrowed money was repaid in the name of the Defendant Company (hereinafter “Defendant Company’s account”).

On February 6, 2013, the Defendant, in violation of the foregoing duties, sold the said printing machine to F Representative G Co., Ltd. for KRW 495 million.

Accordingly, the Defendant acquired the pecuniary advantage equivalent to KRW 495 million and suffered the loss equivalent to KRW 328,714,286, which is the amount of outstanding principal and interest borrowed from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Application of Acts and subordinate statutes to the details of repayment and balance (record 37,84 pages);

1. Articles 355 (2) and 355 (1) of the Criminal Act (Options of imprisonment);

1. On the grounds of the suspended sentence of Article 62(1) of the Criminal Act, from among the two types of embezzlement and misappropriation crimes on the grounds of the sentencing guidelines, a significant amount of damage is recovered from the factors of mitigation among the persons subject to special sentencing (a total of 400 million won per annum and a total of 30 million won per annum and 430 million won per annum with the principal and interest paid in an amount equal to or more than the principal.