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

On October 16, 2016, the defendant is the representative director of C Co., Ltd. located in G, and the victim D is the representative director of F Co., Ltd. located in Kimhae-si, and the defendant was entitled to new construction of F Factory in G from the victim on October 16, 2016.

On December 2, 2017, the Defendant stated that “The construction price shall be paid to the subcontractor, which shall be KRW 98,500,000,000, in total, to the victim at the F office of the F office of the said F office of the said F office that the Defendant paid KRW 35,000,000 to the subcontractor company, which is the subcontractor company.” This business entity included KRW 98,50,000,000, in which the F company agreed to pay directly to H, which is the subcontractor company. The construction price shall be KRW 98,50,000,000, in person, to H.

On December 8, 2017, the Defendant received 98,500,000 won from the victim to a corporate bank account (Account Number: I) in the name of C Co., Ltd. and used 35,000,000 won for the victim's personal purpose, such as the payment of wages, etc. at his/her own discretion.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint, a copy of a certified copy of a standard contract for private construction works, a copy of a standard contract for subcontract consideration, a copy of a letter of commitment, a copy of a request for direct payment of subcontract consideration, a copy of a letter of commitment, a copy of a plan for direct payment of subcontract consideration, a copy of a letter of demand for repayment of borrowed money, a copy of a letter of demand for payment of borrowed money, a copy of a performance plan, a copy of a notarized deed, a copy of a notarized deed,

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court (a decision of type) shall be limited to embezzlement and breach of trust (a decision of type 1).