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

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

Punishment of the crime

1. Around August 2015, the Defendant received a proposal from the victim B (State D) who is a multi-level business entity that he/she works as the head of the group) to the effect that “if there is a large number of sales, it may allow the purchase of the shares of (State) E” from the victim B (State D before the opening of the name), and accepted it, and used the said amount for personal purposes, such as living expenses of the Defendant, investment funds, etc. from August 3, 2015 to October 24, 2015, for three times from the victim to the Defendant’s corporate bank account (F) in the name of the Defendant during the period from August 3, 2015 to October 24, 2015.

Accordingly, the Defendant embezzled KRW 48 million, which he had been transferred from the victim for the purpose of purchasing stocks.

2. The Defendant, from April 2014 to the victim G, who was a subordinate business operator of the said state C from around April 2014, solicited the victim to purchase (ju) E stocks from November 24, 2015 to purchase the victim’s stocks. From November 26, 2015 to November 26, 2015, the Defendant voluntarily consumed the said funds for personal purposes, such as cost of living, credit card settlement, debt, and insurance premium, which were transferred from the victim to the company bank account (F) account in the name of the Defendant to KRW 1300,00 won.

Accordingly, the Defendant embezzled KRW 11.7 million, which was transferred from the victim to the use of the E Stock Purchase Fund.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Protocol of each police statement related to B and G;

1. Application of Acts and subordinate statutes of each written confirmation, and detailed statement of transactions by account (I and F);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act shall be applicable to concurrent crimes;