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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From May 27, 2016, the Defendant is an internal director of (State)B, an advertising agency (State) director, from July 28, 2017, who works as an internal director and a representative director and operates (StateB)B.

(State)B entered into an advertising agency contract with the victimized Company (State)C from December 17, 2014, and has performed its duties on behalf of the victimized Company such as online advertising requests on portal sites for the victimized Company.

According to the above advertising agency contract, (B) on behalf of the damaged company for the business of requesting the advertising media to be posted in such a way as designated by the damaged company, and the damaged company deposited the advertising expenses to (B) before the execution of each individual advertisement per month to deliver it to the advertising media, or to pay the advertising expenses by directly depositing the damaged company into the advertising media. In particular, (B) under the advertising agency contract entered into with the advertising media, the damaged company did not demand any separate remuneration, etc., and (3)B did not demand any remuneration, etc. to pay an amount equivalent to the specified ratio of the advertising expenses paid for each individual advertisement under the advertising agency contract entered into with the advertising media, or paid the amount calculated by deducting the advertising fees from the damaged company for the purpose of fees. Thus, the advertising expenses paid by the victimized company from the damaged company are so-called "advertising expenses", which constitutes the amount kept by the damaged company for the damaged company to execute the advertising expenses for the advertising media company.

According to the above advertising agency contract on December 21, 2016, the Defendant: (a) paid KRW 606,315,700 from the victimized company as the advance payment for advertising expenses; (b) KRW 33,00,000 on December 30, 2016; (c) KRW 93,50,000 on March 8, 2017; (d) KRW 16,50,000 on April 17, 2017; (c) KRW 165,40,00 on May 2, 2017; and (d) paid KRW 16,50,000 on May 26, 2017; and (d) paid KRW 489,90,00 on the account of a national bank in the name of B; and (d) paid KRW 9,00 on the advertising medium designated by the advertising company as the advertising expense; and (d) paid the remainder KRW 489,519,254.25