2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

On May 22, 2015, the Defendant purchased approximately KRW 3,828 square meters of F land in Jeju-si owned by E with the victim D, and decided to operate a housing business for electric source as a partnership business. On May 22, 2015, the Defendant received KRW 20 million from the damaged party under the name of a provisional contract for the purchase of the said land from the Defendant’s G Han Bank account, and embezzled it for personal use, such as the Defendant’s personal obligation to H, repair expenses, etc. around July 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on each statement protocol to D, I and E;

1. Article 355 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Types 1 (100 million won or less) of the Act on the Suspension of Execution (100 million won or less) where punishment is not or significant damage is recovered [the prosecutor's opinion] 8 months of imprisonment [the decision of sentencing]. The defendant's age, sex, behavior, intelligence and environment, relationship with victims, motive, means and result of the crime, and other factors of sentencing under Article 51 of the Criminal Act, such as the circumstances after the crime, etc.