However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

[2016 Highest 1156] The Defendant was sentenced to a suspended sentence of six months of imprisonment for embezzlement at the Chuncheon District Court on October 5, 2016, and the judgment became final and conclusive on October 13, 2016.

From August 31, 2005 to January 31, 2016, the Defendant entered into an agency contract with the victim B Co., Ltd. (hereinafter referred to as the “victim”) and operated a branch of Chuncheon-si (PP) B construction equipment Chuncheon-si (hereinafter referred to as the “instant agency”), and sold construction machinery owned by the victim company, and sold the construction machinery to the victim company, and was engaged in the business of receiving goods fees (4% of sales commission, 2% of sales fee, and 3% of sales fee) from the victim company.

On June 29, 2013, the Defendant collected construction machinery sales proceeds from D from the instant agent and kept in custody for the victim. Around that time, the Defendant consumed KRW 35,075,370 out of the sales proceeds for personal use at the KRW 35,075,370 from Japan in Chuncheon City.

From around that time to November 26, 2015, the Defendant embezzled total of KRW 121,865,092 by the same method, such as the list of crimes listed in the annexed Table 1, from the Chuncheon Si, in total, ten times through the same method.

The indictment contains a total of 11 times as embezzlement of KRW 217,01,081,000. However, as seen below, the re-prosecutions in the attached Form 2 crime list (not guilty part) shall be corrected as above, since there is no proof of a crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. In light of the details of deposit settlement by customer, a tax inquiry, a construction machinery transaction contract, a confirmation letter, an electronic financial transfer confirmation document, a document related to contract modification, confirmation letter, agency contract, and other F's personal confirmation data, a construction machinery transaction contract by customer, an investigation report (Submission of additional data by a complainant agent), a construction machinery transaction contract (suspect and G), a construction machinery transaction contract (suspect and G), deposit settlement status, a construction machinery transaction contract, a construction machinery transaction contract, a contract prior to customer's handling of contract terms and conditions.