A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

The facts charged shall be corrected to the extent that it does not infringe the defendant's right of defense.

From September 17, 2015 to March 8, 2016, the Defendant was the representative director of C Co., Ltd. of the victim agricultural company C, which was the victim agricultural company B in the period of harmony.

On March 3, 2016, the Defendant borrowed KRW 150 million from a company bank to purchase the factory facilities of the victim C at a company bank located in 161, Scong-ro, Scong-ro, Scong-ro, Scong-ro, Scong-ro, 161.

On March 8, 2016, the Defendant: (a) withdrawn KRW 64 million in total from 10,000 won cashier’s checks; (b) issued KRW 15,00,000 to D around March 10, 2016; and (c) delivered KRW 10,000,000 to E around March 14, 2016.

Accordingly, the defendant, who was in his custody, embezzled by using the victim's funds of KRW 25 million at will.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Partial statement of witness D;

1. Statement of transactions by account;

1. Details of the issuance of cashier's checks;

1. A copy of the G bank passbook, a copy of the corporate bank passbook, and a H bank passbook; and

1. A copy of a check [the representative director of a company or a person who has carried out de facto affairs concerning the custody and management of the company's funds corresponding thereto shall not be subject to an agreement on interest or maturity for the temporary withdrawal and use of large company funds for any purpose other than expenditure for the company, nor shall it go through lawful procedures such as a resolution of the board of directors be deemed to constitute embezzlement by arbitrarily lending and disposing of the company funds for private purposes by using the status of the representative director, etc. beyond the generally acceptable scope (see, e.g., Supreme Court Decision 2003Do135, Apr. 27, 2006). The defendant's prosecutor's statement (i.e., an investigation record) (i., the defendant directly bank on March 8, 2016).