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

[criminal power] On March 30, 2011, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Daegu District Court on April 7, 201, and the said judgment became final and conclusive on April 7, 2011. On August 12, 2011, the same court was sentenced to a two-year suspended sentence on October 20, 201 due to occupational embezzlement, etc., and the said judgment became final and conclusive on August 20, 2011.

【Criminal Facts】

At around 20:00 on August 7, 2010, the Defendant was requested from the victim B to repair the Austria car in the amount equivalent to KRW 20,100,000 at the market price of which the Defendant sold to the victim around June 11, 2010.

On August 11, 2010, the Defendant kept the said car requested repair for the victim, and sold it to the vehicle company located in Nam Daegu at the cost of KRW 16 million in mind.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. Previous records of judgment: Criminal records, probationary records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes to investigation reports (verification of period of suspension of execution of sentence and attachment of the same kind of power);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the principle of equity in the case of concurrent crimes as provided in the latter part of Article 37 of the Criminal Act) or higher than that of Article 62(1) of the Criminal Act (the fact that the defendant is led to confession and mistake, the fact that eight million won has been repaid to the victim, and the crime