A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 25, 2013, the Defendant, without authority, stated “K located in H, I, and Busan J on July 29, 2013” in the column for second endorsement of the Promissory Notes (hereinafter “ Promissory Notes”) which was stated as the issuer’s limited partnership company F G on July 29, 2013 (hereinafter “instant Promissory Notes”), and affixed K’s seal on the following, and around that time, issued them on L located in Gangseo-gu Busan, Busan, under the discount of KRW 9.5 million to employees who may know it.

Accordingly, with the aim of exercising authority, the Defendant forged the endorsement of K, which is a description on the rights and obligations of securities, and exercised forged securities.

2. On May 25, 2013, the Defendant was the regular manager of the victim limited partnership company F (hereinafter “victim company”). On the part of the victim company, the Defendant received the Promissory Notes from the victim company to pay as material costs to (ju) H as the creditor of the victim company, and kept them for business purposes. At that time, the Defendant embezzled the Promissory Notes by means of discounting KRW 9.5 million from M at a discount and consuming it for personal purposes, such as the repayment of debt.

Summary of Evidence

1. The defendant's legal statement;

1. Each statement by the witness N or K;

1. Partial statement of the witnessO;

1. Statement of the police statement to N or K;

1. Application of statutes on copies of promissory notes;

1. Articles 356, 355 (1), 214 (1) and 217 of the Criminal Act concerning the facts constituting an offense;

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

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The defendant and his defense counsel asserted that the Promissory Notes in this case received a subcontract for telecommunications, fire fighting, and electrical construction (hereinafter "the instant construction") from the victim company for construction works among the new construction works of Ulsan P collective housing (hereinafter "the instant construction works"), and therefore, they are owned by the victim company.