However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

On September 2019, the Defendant promised to pay to the victim company the price received from C when transporting materials in the victim company C at the request of the victim company B.

Accordingly, the Defendant, from November 201 to December 9, 2019, received KRW 32850,000 from the Defendant’s father D’s transfer to the E bank account in the name of his father, and embezzled KRW 3,285,000 for the victim company. On November 11, 2019, the Defendant paid KRW 50,000 as the card price in the vicinity of the Busan Jin-gu, Busan, the amount of KRW 50,000 as the card price, and embezzled it by arbitrarily consuming KRW 83,285,00 from that time to December 9, 2019.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of each police suspect examination protocol against the accused;

1. Application of the Acts and subordinate statutes to entries in police statements made by the F in the investigation report (Submission of suspect specification of transactions);

1. Article 355 (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. Determination of sentence: The defendant's confessions a crime, reflects the fact that the defendant has committed a crime, has reached an agreement on the repayment of damage to the victim, etc. When considering the circumstances favorable to the defendant, the defendant's history of punishment reaches 28 times, and the embezzled amount is not written as 3,2850,00 won, etc. When considering the circumstances unfavorable to the defendant, and the age, character and conduct, intelligence and environment, relationship with the victim, and crime against the victim.