However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

From April 2016, the Defendant received money for gambling purchase from the victim agricultural corporation C Co., Ltd. (hereinafter “victim Co., Ltd.”) which engaged in the daily distribution business from the victim Co., Ltd. (hereinafter “victim Co., Ltd.”) and directly purchased the said money from a farmer and decided to supply the said money to the victim Co., Ltd., and was engaged in the purchase and supply of the said money

On April 27, 2016, the Defendant arbitrarily used KRW 40,041,00 from the above money to pay for personal debt, etc. on the same day while receiving KRW 30,000 from the victim company to the D account under the name of the Defendant and keeping it for the victim.

In addition, from around that time to September 8, 2016, the Defendant embezzled KRW 36,85,798 out of the amount of money received as money for swimming purchase, such as the guilty portion on the list of offenses, for personal purposes.

Summary of Evidence

1. A witness B and E’s legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning B and E statements);

1. Protocol of the police statement concerning B;

1. A complaint;

1. Business registration certificate, details of entry and withdrawal, etc.;

1. The result of the swimming boat selection work;

1. Details of deposits and transactions and details of deposits and withdrawal transactions;

1. Suspect A details of personal use;

1. Judgment on the Defendant’s assertion of innocence as to Defendant AD transaction copy

1. The gist of the Defendant’s assertion 1) The Defendant engaged in the business of buying and selling gambling with the victim company. 2) Even if the Defendant and the victim company did not run a business in partnership, and the Defendant agreed to purchase and deliver it to the victim, the Defendant is only obligated to supply the money under the contract. Since the money deposited by the victim company to the Defendant is owned by the Defendant, the crime of embezzlement is not established.

2. Determination 1: (a) there is no evidence to acknowledge the conclusion of a partnership agreement between the Defendant and the victim company; (b) the terms and conditions of investment; and (c) the terms and conditions of profit sharing.