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

The Defendant served as a director at a limited liability company C from September 20, 2010 to October 31, 201, and was registered as a director in the corporate register of the victim company from July 31, 2012.

On January 18, 201, the defendant, at the office of the defendant located in the "Ysan-gu Seoul Special Metropolitan City" D, operated the EMW passenger car owned by the victim company under the condition that the defendant performs duties such as ordering construction works of the victim company.

In order to perform the duties of the victim company, on June 30, 201, the Defendant: (a) delivered the said car at will to F, one’s creditor, and (b) from October 31, 201, to F, who was operating the said car in order to perform the duties of the victim company; (c) on June 14, 201, the Defendant was notified from the victim company that the Defendant would terminate the loan agreement with the Defendant on the said car and return the said car by June 30, 2012; and (d) on such grounds, the Defendant refused to return the said car to the victim company.

Accordingly, the Defendant embezzled the amount of 48 million won of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. A complaint;

1. Copies of each judgment, execution clause and protocol of examination of witness;

1. Application of Acts and subordinate statutes to the corporate register, motor vehicle registration certificate, each notice of contents, a motor vehicle sales contract, a motor vehicle lease contract, a notice of execution of lease for Capital, a notice of contents, and a written appraisal of

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. From one month to five years of the applicable sentences in law; and

2. Where significant damage has been recovered in the mitigated area (one month to October) (special mitigation) of the mitigated area according to the sentencing guidelines, the scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines;

3. Determination of sentence: