Defendant shall be punished by imprisonment for a term of one year and six months.

Of the facts charged in the instant case, the charge of fraud is acquitted.

Punishment of the crime

On December 9, 2005, the Defendant, as the representative director of the Victim B Co., Ltd. (hereinafter “B”) established for the purpose of processing livestock products, took overall charge of the business affairs of the Defendant, such as fund management.

The defendant received 60% of the shares of the victim company from C bank and received 1 billion won in total from C bank as corporate bank account on January 31, 2010, and 2.5 billion won on February 2, 2010, in order to repay the debt of the victim company held by the third party who purchased the shares of the victim company and the maturity of C bank, and kept them on behalf of the victim company.

At the time of this Part, the Defendant, the representative director of the accounting book, transferred 89,416,663 won, and 1,524,283,534 won in short-term loans as of the end of 2009, and the Defendant’s debt to the Defendant’s company was 1,434,86,871 won (short-term loans - provisional loan) and there was no representative director’s deposit. On February 1, 2010, the Defendant was under custody in the corporate bank account in the name of the victim company, and transferred 300 million won out of the above 50 million won, which was under custody in the same account on February 2, 2010, to D bank account in the name of the Defendant, and ordered the Defendant’s representative director in charge of financial affairs so that the Defendant’s corporate director, the representative director of the company, may handle the accounts as counter-payment.

After that, on February 1, 2010, the Defendant embezzled KRW 686,409,136 in total for 22 occasions from February 5, 2010 to February 5, 2010, including the transfer of KRW 10,000,00 from the victim company's office located in the fifth floor of the F Building in Yeongdeungpo-gu Seoul Metropolitan Government to G for personal debt repayment, using the list of crimes in attached Table (1) for personal purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, J, E, and K;

1. To inquire (A) of the detailed statement on changes in stocks, such as a statement on changes in stocks, a summary of the board of directors, the current status of provisional payments, a certificate of all matters to be registered, and the details of liquidity transactions;