Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

On November 2, 2017, the Defendant requested the victim D to purchase “license for trucking transport brokerage business” from the victim D at the office located in Seo-gu, Daejeon around November 2, 2017, and received from the victim KRW 3 million on the same day, KRW 5 million on November 6, 2017, KRW 5 million on or around November 7, 2017, KRW 10 million on or around November 21, 2017, KRW 25 million on or around December 4, 2017, and transferred KRW 25 million on or around December 4, 2017, to G as the Defendant E account (number F). On or around November 7, 2017, the Defendant disposed of the victim’s license plate for trucking business use of the victim’s H, and received KRW 28 million from the victim to the said account.

As above, while the Defendant kept KRW 53 million for the victim as the purchase price of the above permit, he voluntarily used KRW 26 million for personal living expenses around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the complaint filed by D, police statement protocol;

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act (Embezzlement and Imprisonment with prison labor);

1. Grounds for aggravation of the reasons for sentencing under Article 62 (1) of the Criminal Act: The repeated crime of embezzlement, the grounds for mitigation of a large amount of damage from embezzlement: Efforts to recover damage through confession and criminal conciliation procedures;