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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant was engaged in overall duties, such as raising funds from the victim C Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) in the racing-si.

On August 30, 2016, the Defendant obtained a loan of KRW 200 million from the branch of the Small and Medium Business Corporation to the D Bank account under the name of the victimized Company (E) and deposited KRW 100 million at the bottom of the F Bank on October 20, 2016, and deposited KRW 100 million into the G Bank account in the name of the victimized Company for business purposes. On August 31, 2016, the Defendant: (a) transferred the damaged Company’s office to the I Bank account in the name of the Defendant and used it for personal purposes from that time to August 10, 2017; (b) transferred the KRW 141,090,000 from that of the victimized Company’s office to that of the Defendant’s I Bank account under the name of the Defendant’s borrowing of KRW 100 million; and (c) intended to consume KRW 17 times in total as indicated in the list of crimes.

Accordingly, the Defendant embezzled the property of the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. Eight copies of an application for corporate diagnosis of small and medium enterprises and for loans for policy funds, and a contract for lending and borrowing of money;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where a company with substantial one person in the area of special mitigation (three months to two years) (special mitigation) within the scope of the recommended punishment according to the sentencing guidelines, and a significant damage has been restored to the extent of the recommended punishment in accordance with the sentencing guidelines;

2. The crime of this case in which the defendant has embezzled the total operating capital of 141,090,000 won of the victimized company, and the liability for the crime of this case is not less severe, and the defendant is recognized to commit the crime of this case and his mistake is divided in depth, the victimized company is one company operated by the defendant, and the amount embezzled by the defendant to the victimized company.