A defendant shall be punished by imprisonment for six 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

(State)The defendant was the representative director of D.

From August 2007, the Defendant received money from the victim F, a representative director of E Co., Ltd. in the form of borrowing money from E Co., Ltd. to assist them to illegally use the funds for a certain period of time, and immediately deliver it to E Co., Ltd., and F has used money to E Co., Ltd. and repaid the money again to E Co., Ltd. through the Defendant.

In the above way, the Defendant borrowed KRW 1.49 billion from E Co., Ltd. on August 2, 2007, KRW 60 million on October 31, 2007, and KRW 1.0 billion on November 1, 2007, and immediately delivered to E Co., Ltd., and F paid in order through F after using money for a certain period.

On June 13, 2008, the Defendant received an amount of KRW 500 million from the Standing G of E Co., Ltd., which was ordered by the victim F, to pay to E Co., Ltd. under the name of the Defendant, and deposited KRW 200 million into E Co., Ltd.’s account during custody, and the remainder of KRW 300 million, claiming that the Defendant would aid the victim F, and embezzled KRW 300 million by arbitrarily using it.

Summary of Evidence

1. Statement made by a witness F in the fourth trial record;

1. Statements made by witnesses G in the fifth trial records;

1. Partial statement of witness H in the fifth trial record;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning the F;

1. G statement of the police suspect interrogation protocol against the defendant

1. Application of Acts and subordinate statutes on deposit certificates and account transaction details;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the suspended sentence is [the grounds for sentencing [the scope of recommending punishment] Article 62(2) of the Criminal Act [the mitigated area (6-2 years from 100 million won to 500 million won] [the person subject to special mitigation] [the amount of embezzlement], but the nature of the crime is not weak in light of the amount of embezzlement. However, there are circumstances that may be somewhat