However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

From May 2016 to April 2017, the Defendant is a person who works as a business director in the victim agricultural company B (representative C) Co., Ltd. (representative director C) and was in charge of the sales of agricultural machinery.

On May 9, 2016, the Defendant received payment of KRW 3.5 million for the sales proceeds of trucking power for agriculture from a person who was under his/her name, KRW 2.45 million, KRW 2.55 million for the sales proceeds before Dong from January 9, 2017, and KRW 3.1 million for the sales proceeds of Dong Dong from February 17, 2017, and KRW 20 million for the sales proceeds of the vehicle for filing a complaint from F, and embezzled without paying to the above company the total sales proceeds of KRW 29.5 million for daily expenses, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Articles 356 and 355 (1) of the Criminal Act, and the selection of a punishment by imprisonment, inclusive, with prison labor under Article 356 and 355 of the Criminal Act;

1. The main sentence of Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, the suspended sentence;

1. Reasons for sentencing under Articles 32(1)3 and 32(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation (the determination of type is inappropriate to issue an order for compensation because an agreement has been reached between the defendant and the applicant for compensation) / [Special Sentencing Person] Reduction element of Punishment (the scope of the recommended sentence] / [the scope of the recommended sentence] Reduction element of Punishment [the scope of the recommendation] Reduction element of Punishment [the general sentencing person] from January to October / [the scope of the recommendation] Reduction element of Punishment [the general sentencing person] - Major Reasons for Punishment Non-Suspension of Punishment (affirmative] - There are no criminal records beyond the suspension of execution (affirmative): Social relative relationship - There is no criminal records beyond the suspension of execution (other sentencing elements). For this reason, the payment of benefits to the defendant was not smooth, and the above circumstance was considered as the cause of the defendant's crime.