except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Upon receipt of the victim B's request for sale and purchase management of securities, the Defendant purchased the shares of the company, such as "the letter of intent" after receiving the total amount of KRW 113,240,000 from the bank account (C) in the name of the Defendant on October 20, 201 under the name of the purchase price for securities.

On January 19, 2012, the Defendant sold all shares owned by the victim without the consent of the victim, and received KRW 48,074,080 from the price to the deposit account (D) in the name of the national bank in the name of the Defendant and stored for the victim. Around that time, the Defendant embezzled the amount of KRW 48,074,080 for living expenses, entertainment expenses, etc. at KRW 48,074,080.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. Application of each specification of transactions Acts and subordinate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The types of recommending and suspending execution based on the sentencing guidelines: Embezzlement and breach of trust, and the scope of recommending sentences of less than 100 million won: A person who has been sentenced to no punishment or whose significant damage has been recovered (requirements of mitigation): A person who has been sentenced to imprisonment for a period of one month or from ten months to ten months (where he/she is not subject to occupational embezzlement or breach of trust (requirements of mitigation), a person who has been subject to serious proportion (requirements of mitigation), a person who has committed embezzlement or breach of trust, a person who has been subject to suspended execution where he/she committed embezzlement or breach of trust: A person subject to suspended execution - Where significant damage has been recovered, where substantial damage has been considerably less than the extent of actual damage - a person subject to suspended execution - A person whose actual damage has been significantly less than the extent of general pride

2. Number of embezzlements, details of crimes, age, character and conduct, and environment of the accused and the victim involved;

3. Six months of imprisonment with prison labor and two years of suspended sentence; and