A defendant shall be punished by imprisonment for not less than eight 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

[Basic Facts] On September 1, 2008, while the Defendant was working as an employee in the Victim C Co., Ltd. (hereinafter “D Co., Ltd.”), the Defendant entered into a loan loan agreement with the victimized Company on his own name for two years, the loan amount to KRW 100 million, and the loan recipient to KRW 100 million. At the time of the loan agreement, the Defendant agreed that the damaged Company would lose its profits when it retires. By September 29, 2008, the Defendant received all loans of KRW 100 million via the E’s account two times until September 29, 2008. At that time, the Defendant entered into a loan agreement with the owner of the F Apartment apartment 107,604, in the name of E, and paid the above deposit with the former loan amount to the damaged Company.

On the other hand, on October 15, 2008, the Defendant was not paid KRW 7 million from the victimized Company on the condition that the Defendant deducted KRW 500,000 from the monthly salary of the Defendant from KRW 14 months to KRW 7 million.

However, on November 7, 2008, the Defendant, upon retirement of a victimized company and loss of the benefit of time, should immediately repay the above loans, etc., but did not repay it.

On January 25, 2010, the damage company filed an application for provisional attachment against the above deposit against the obligor E, third obligor G, claim amounting to KRW 17 billion (the above court 2010Kadan50119), based on the right of representation on the family affairs of the husband and wife in Sung-nam District Court, the Suwon District Court rendered a ruling of accepting the above provisional attachment on January 26, 2010, and the above provisional attachment ruling was executed on January 28, 2010 by serving the third obligor G on January 28, 2010.

【Criminal Facts】

The Defendant concluded with G on July 27, 2010 that the expiry date of the lease contract of the above apartment is the former lease contract between H and the former lease deposit amounting to KRW 80 million in the name of the Dong-in J with respect to the I apartment 1910 Dong902 owned by H on July 27, 2010.