2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

From October 1, 2007 to December 30, 201, the Defendant, as a business member of the Victim C Co., Ltd. Co., Ltd., Ltd., which was located in Seosan-si, was engaged in the sales and collection of agricultural machinery, such as black land.

On December 13, 2010, the Defendant deposited KRW 10 million into the victim company’s account in the course of business with a collection of KRW 22 million from D on December 13, 2010, and embezzled the remainder of KRW 12 million by arbitrarily consuming it for personal purposes, such as stock investment, etc. around that time. From the above date to December 30, 201, the Defendant arbitrarily consumed and embezzled the sum of KRW 119,300,000,000, collected from the purchaser of agricultural machinery more than 12 times in total, such as the list of crimes, and embezzled it by arbitrarily consuming it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Details of bankbooks (documents attached to the second written protocol of interrogation of the suspect to the defendant), and application of each statute of a sales contract to each item;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. The sentencing guidelines [decision of types] the group of embezzlement and breach of trust crimes, the group of types 2 (the amount exceeding 100 million won, the amount of less than 500 million won) [the scope of recommending punishment] mitigation area: Imprisonment with prison labor for not less than 6 months to 2 years: None of the special mitigation factors:

3. Determination of sentence: Ten months of imprisonment; and

4. Whether to suspend the execution: There is no positive negative reason for the suspension of the execution of the two years [main reasons for the suspension of the execution]: There is no negative reason for the failure to punish [general reasons for the suspension of the execution]. There is no negative effort to recover a serious reflect, partial damage, or serious damage: [General comparison and evaluation] that the amount of damage exceeds KRW 100 million, and that the defendant committed the crime of this case for the purpose of stock investment.