The defendant shall be exempted from punishment.

Punishment of the crime

[criminal power] On September 6, 2013, the Defendant was sentenced to one year and eight months to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Busan District Court on September 6, 2013, and the judgment became final and conclusive on October 31, 2013. On October 16, 2014, the Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for fraud, and the judgment became final and conclusive on January 15, 2015.

【Criminal Facts】

From November 14, 2012, the defendant has been working as the head of the injured party D Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") at the time of manufacturing and selling ESD lighting fixtures in Busan City's building from November 14, 2012.

On January 31, 2013, the Defendant received a request for sampling work, such as LED lighting, from E to E, and deposited 3,300,000 won in the deposit account (F) of a new bank under the name of the Defendant for the victim as of the same day from February 1, 2013 to February 15, 2013, as shown in the attached list of crimes, was either withdrawn from the said new bank account 17 times at the above new bank account or (3) as between February 1, 2013 and February 15, 2013, and disbursed it for personal purposes by transferring it to the Busan bank account in the name of G, which is the borrowed account (No. 4 through 17), and then withdrawing 3,247,170 won in total, as of the date of crime (no. 5, 170 won in the list of crimes).

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

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. The police statement of H;

1. Response to a new bank or Busan bank;

1. Investigation report (thememe I telephone investigation);

1. Previous records of judgment: Criminal records, previous records, results of confirmation, inspection of each case, and application of Acts and subordinate statutes to each copy of each judgment;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generality) and the selection of fines concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment is against the defendant, and the violation of the Illegal Check Control Act as decided by the judgment becomes final and conclusive.