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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Justice] On October 22, 2013, the Defendant was sentenced to a suspended sentence of four months of imprisonment for embezzlement at the Youngcheon District Court’s Young-gu branch on April 2, 2013, and the said judgment became final and conclusive on October 29, 2013.

【Criminal Facts】

From August 2006 to June 2013, the Defendant served as the representative director of the Victim C Co., Ltd. (hereinafter referred to as “victim”) and was engaged in overall management of the damaged company, including the purchase and sales management of the damaged company, the execution and management of corporate funds, and accounting, and the Defendant’s past employees D was the representative of E and the Defendant’s wife F was the representative.

The Defendant, upon entering into a false building subcontracting contract with the victimized Company E and then transferring the funds of the victimized Company to the said Company based on such subcontracting contract, paid in excess of the amount paid by the representative director of the victimized Company to H, or the amount to be paid to H, who is the business partner, by using the method of receiving a refund of part of the amount under the name of the rebates, etc. for the purpose of embezzlement.

The Defendant, at the office of the victimized company located in Gangnam-gu Seoul on March 24, 2008, was in custody of the victimized company’s funds in the deposit account (J) of the victimized company in the name of the victimized company for the business of keeping the damaged company in custody. The Defendant transferred the above funds to the deposit account of the National Bank (K) established in the name of E, and then transferred the funds to another National Bank (L) opened in the name of E, again transferred the funds to the deposit account of another National Bank (M) opened in the name of E, and then voluntarily withdrawn the funds in cash and then arbitrarily used them for the personal purpose at around that time. From that time to May 25, 2012, the Defendant embezzled the damaged company’s funds 1,271,012,431, from that time to May 25, 2012 by using them for personal purposes at will.

(i) the evidence;