A defendant shall be punished by imprisonment for one year.

Punishment of the crime

From March 8, 2011, the defendant is the representative director of the victim E company, who is a mutual aid company.

The victim’s articles of incorporation stipulate that the remuneration of directors shall be “resolution of the general meeting of shareholders” and the payment of retirement consolation benefits to directors shall be governed by the “Rules on Payment of Retirement consolation Benefits for Executives” following the resolution.

1. On July 201, the Defendant: (a) around July 2011, at the victim’s office of the fourth floor in the Daejeon-gu Seoul Special Metropolitan City F Building, in contravention of his/her official duty to raise 100% of his/her own salary and to comply with the articles of incorporation; (b) instructed the managing director G without a resolution of the general meeting of shareholders from July 201 to January 201, by raising the salary from KRW 10 million to KRW 20 million per month; and (c) acquired the total of KRW 70 million in the name of additional salary and suffered property damage equivalent to the same amount for the victim.

2. On July 12, 2011, the Defendant received a resolution of a general meeting of shareholders or received KRW 60 million from the victim for the purpose of interim settlement of retirement allowances and suffered property damage equivalent to the same amount from the victim, without following the rules on interim settlement of retirement allowances as the victim’s capital increase is required due to the need for the capital increase allocated to himself/herself, and in violation of his/her occupational duty to comply with the articles of incorporation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness HG;

1. Application of Acts and subordinate statutes of articles of association;

1. Relevant Articles of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the crimes. Article 356 of the same Act concerning the selection of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] The crime of embezzlement and breach of trust, type 2, basic area, one year to three years of imprisonment [Application of guidelines for processing multiple crimes] from 8 months to 3 years of imprisonment [whether suspended sentence is suspended]: the agreement is not reached.