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

[Criminal history] On October 27, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on November 4, 2016.

[Criminal facts]

1. The Defendant, around June 2015, embezzled KRW 10,000,00,00, was a person who operated a secondhand shop with the victim C in the name of “F” in the E-owned land located in Gyeong-gun, Gyeongnam-do (hereinafter in this case, and was granted the right of representation from the victim during the process of concluding the instant land lease agreement between the victim and E on June 2015.

On June 9, 2015, the Defendant entered into a lease agreement with E on behalf of the victim on behalf of the victim (a lease deposit of KRW 20 million, monthly rent of KRW 700,000,000) and received and kept the lease deposit amount of KRW 20,000,000 from the damaged person as the deposit money. On July 1, 2015, the terms and conditions of the lease agreement with respect to E and the instant land were arbitrarily changed to KRW 10,000,000,000,000,000,000,000, out of KRW 20,000,000,000, out of the deposit received from the injured person, and used the remainder for personal debt repayment, etc. of the Defendant arbitrarily.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant, around October 2015, embezzled KRW 8 million, was granted the power of representation on the termination of the lease agreement of the instant land from around June 2015 to the injured party, as the Defendant was operating the secondhand goods on the instant land along with the injured party, while operating the secondhand goods on the instant land.

On October 7, 2015, the Defendant, on behalf of the victim, consulted with E, the owner of the instant land, on the termination of the lease agreement, and subsequently, offset the lease deposit of KRW 2 million out of KRW 10 million by the amount of damages arising from the termination of the lease agreement, and received the refund of the lease deposit of KRW 8 million, the remainder.