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

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

Punishment of the crime

The defendant is the representative director of Gangdong-gu Seoul Metropolitan Government Dispute Resolution E (hereinafter referred to as "victim Company").

1. On October 18, 2016, the Defendant borrowed KRW 100 million from F as a debt debt of the victimized Company, and embezzled it by using KRW 100,000,000,000,000,000 in the name of the victimized Company for the sake of the victimized Company. On October 19, 2016, the Defendant acquired the increased shares of the victimized Company, and embezzled it by using KRW 100,00,000,000 borrowed from F as the acquisition price of new shares.

2. On November 28, 2016, the Defendant borrowed KRW 50,00 from the office of the victimized Company as the obligor for the victimized Company’s debt, and embezzled KRW 30,000 as the total acquisition price of new shares for KRW 10,000 out of KRW 30,000 as the acquisition price of new shares, when the Defendant acquired the increased shares due to the increase of 30,000 shares of the victimized Company’s stocks on the same day, and used KRW 50,000 as the acquisition price of new shares for KRW 10,00 out of the acquisition price of new shares, and continuously, around December 2, 2016, by borrowing KRW 50,00 as the obligor for the victimized Company’s debt from the (State) Sejong Communications as the fund for the operation of the Company and borrowing KRW 50,000 as the obligor for the victimized Company, among those 30,000,000 as the above 30.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. (After Capital Increase) List of stockholders;

1. Application of Acts and subordinate statutes governing the custody of cash;

1. Article 356 and Article 355 (1) of the Criminal Act concerning the facts constituting an offense (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A complainant who has no basic area (one to three years) (one to three years) (a person who is subject to special sentencing) (a person who is subject to special sentencing) of the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] of Article 62(1) of the suspended sentence.