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

Some of the facts charged were corrected.

Around February 28, 2018, the Defendant made an agreement with the victim C (hereinafter referred to as “C”) in the office located in Leecheon-si B (hereinafter referred to as “C”), with the victim investing KRW 300 million in C, and C made an annual payment of investment profits of KRW 15 million to the victim in installments, and the amount of investment was used only for management purposes of C, and cannot be used for the purchase of real estate or for other personal purposes. On the same day, the Defendant used the investment funds of KRW 300 million from the victim to the bank account in the name of the Defendant and embezzled the funds for the victim from February 28, 2018 to March 19, 2018, using the remaining KRW 50,080,000,000, excluding the amount of KRW 249,200,000 for the purchase of raw materials necessary for operation of C as operating expenses, etc. for the Defendant’s personal business chain “E”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a certificate of certification, certificate of deposit (21 pages of investigation records), and report on investigation (use of investment funds);

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

1. The scope of the applicable sentencing under the Act on the Reasons of the Suspension of Execution under Article 62 (1) of the Criminal Act (The favorable circumstances of the reasons for sentencing as follows): The scope of the applicable sentencing under the sentencing guidelines from January to five years [the decision of a type] for embezzlement and breach of trust under the scope of the recommended sentencing [the first category] [the mitigated element] below 100 million won: where the degree of violation of duties is insignificant [the scope of the recommended area and the recommended punishment], where the degree of violation of duties is minor [the scope of the recommended area and the recommended punishment], one month to October of the imprisonment [the mitigated element], where the crime of embezzlement and breach of trust is not an occupational embezzlement and breach of trust: In the event that the degree of violation of duties is minor, the mitigated element [the reason for the suspended sentence]. The main reason for the suspended sentence is that there is no criminal conviction above the period of suspension of execution: the deposit equivalent to the amount, and the sentence of partial recovery of damage.