When the defendant does not pay the above fine, 100,000 won.

On April 10, 2014, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for insult, etc. by the Gwangju District Court, and the judgment became final and conclusive on October 15, 2014.

On February 27, 2013, the Defendant, at around 2013, engaged in the auction business of the victim C and corporeal movables, etc. in the trade name in the Dong-dong of Gwangju-gu, Gwangju-gu, and received and kept KRW 10 million from the injured party under the name of his partner, expenses, etc., and embezzled KRW 4.85 million for personal use.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Each legal statement of the witness C and D;

1. Entry of C or D in the second-time suspect examination protocol against D in relation to the suspect of the police;

1. Statement of a statement of accounts;

1. Partial descriptions of certification of contents;

1. Previous conviction: In inquiry about criminal history, inquiry about summary information of the case No. 2013-type 2013-type 2013-type 86, and the text of the judgment of Gwangju District Court No. 2013-No. 2407 (hereinafter referred to as "the defendant received KRW 10 million from the injured party"), although such money was used only as an auction for the injured party in the course of implementing a partnership agreement with the injured party, or as an expense necessary for the auction (food, transportation expense, and common drinking expense) and was not used for personal purposes.

The argument is asserted.

However, around May 6, 2013, the lower court duly adopted and examined the following facts and circumstances, i.e., the Defendant, along with the victim and D, prepared a emotional statement (record 207 pages) stating that “The Defendant used KRW 5,150,000 out of KRW 10,000,000,000,000 from the damaged person for auction-related expenses, and the remainder KRW 4,850,000,000,000,000,000,000 won are kept by the Defendant). At the same time, the Defendant

Recognizing that the victim was promised to change it, ② only the defendant used the above KRW 10 million, and he used the above money.