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

The Defendant made an investment of KRW 20 million with the victim C and the victim D, and agreed to operate a marina shop at the same time, and divided daily earnings into three parts, and jointly operated a marina shop at the second floor of the building located in Seoul Jung-gu, Seoul, from April 2016 to October 10, 2017.

Since then, the Defendant agreed to terminate the same relationship with the victims and sell the same marina shop, and around September 27, 2017, the Defendant received KRW 40 million in total as premium, etc. and KRW 95 million in total as of October 11, 2017 when selling the same marina shop to G at the above marina shop.

The defendant was kept in custody for the victims until the settlement of the above money was reached, and at that time the victims refused the request of the victims to settle the money and embezzled the above KRW 95 million for personal purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the accused in part of the protocol concerning the examination of the suspect in the first prosecutor's office;

1. Statement made by the police against C;

1. A real estate lease contract (D), a real estate lease contract (A), a real estate lease contract (G), a real estate sale contract (unit premium, A-G), a certificate of fact of the same business (H), a confirmation letter, and a witness's statement (I);

1. C’s account transaction details (from January 1, 2016 to November 8, 201) and D’s account transaction details (from January 1, 2016 to November 8, 2016) applying statutes.

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (The following grounds for sentencing) [the scope of recommendation] Article 62(1) of the Criminal Act / [the scope of recommendation / [10 million won or less] Article 62(1) of the basic area (from April to April 1) / [the sentencing sentencing person] / The crime of this case is committed against the victims of the premium, etc. received when selling a marina shop operated jointly with the victims to a third party.