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

On June 27, 2012, the Defendant: (a) was a person who operated machinery parts processing company C in Ansan-si, and (b) around June 27, 2012, at the above place of business, extended KRW 116 million from the victim’s OF capital in the course of purchasing machinery (hereinafter “this construction machinery”) such as Madon learning center, etc. (hereinafter “this construction machinery”), the Defendant reserved the ownership of the said construction machinery to the victim.

On October 2014, the Defendant, while keeping the instant small-scale machinery in custody for the victim at the above workplace, sold the machinery to a person whose name was living in Busan, for whom it is not known, at KRW 40 million. Around that time, the Defendant embezzled the instant small-scale machinery by using the money to pay wages or the cost of goods sealed with the purchase price in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to filing a complaint (including attached documents) for the preparation of Capitals;

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

1. The scope of the sentencing guidelines set forth in Article 62(1) of the Criminal Act (the amount of the goods embezzled by the defendant is not less than KRW 116 million, but the confession and reflects of the defendant, the agreement with the victim, and the fact that the defendant does not have any previous jurisdiction, etc.) shall be determined as above on the grounds of imprisonment for not less than one year and three years, [the scope of the recommending sentence] Type 2 (the range of more than KRW 100,500,000).