A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

Victim B Co., Ltd. (hereinafter referred to as "victim B") is a corporation that operates businesses, such as the manufacture of electronic parts, in Daegu-gu, Daegu-si, and D starts up a damaged company with E (32.6%) around 202, together with E (32.6%) and conflict with E on issues such as shareholder dividend, as a shareholder who owns 19.1% of the shares of the victimized company, and shareholder dividend. On August 31, 2016, E at the time of temporary directors meeting was dismissed, and the same year was dismissed.

9. From January 2 to March 31, 2017, the Defendant served as the representative director of the victimized Company. The Defendant, a company developing technology, operated LED technology with G, employed Defendant D as an managing director on or around October 2015, employed Defendant D as an managing director, and entered the victimized Company as an managing director on or around September 1, 2016, and was in charge of duties such as raising funds of the victimized Company and promoting new projects until March 31, 2017.

D has been keeping the funds of the damaged company in business as the representative director of the damaged company.

1. On September 27, 2016, occupational embezzlement D, with respect to KRW 5 million (5 million) as of September 27, 2016, received the statement from the Defendant that the Defendant borrowed funds to be used for debt repayment, etc., and conspired to pay the funds owned by the victimized company to the Defendant as provisional payment, and then, around the 27th day of the same month, transferred KRW 5 million from the corporate bank account in the name of the victimized company (Account Number H) to the account in the name of the Defendant without the resolution of the board of directors of the victimized company, the due date for payment, or the request for security, etc.

Accordingly, the Defendant embezzled 5 million won of funds owned by the victimized company in collusion with D.

2. On October 10, 2016, occupational embezzlement D with respect to KRW 28 million as of the provisional payment as of October 10, 2016, upon receipt of a request from the Defendant as described in the foregoing paragraph (1) from the Defendant around October 2016, the Defendant is willing to pay the funds of the victimized company to the Defendant by the foregoing method, and the above company bank in the name of the victimized company around the 10th day of the same month.