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.

Around April 20, 2018, the Defendant had been operating the printing business of knives B, and entered into a sales contract of D and B’s knives D and B, the representative director of the victim C Co., Ltd. (hereinafter “victim”) around April 20, 2018. Around that time, the Defendant received KRW 200 million as the payment for the sales contract, and transferred all business rights related to B’s knives printing business under the sales contract around June 30, 2018.

On the other hand, even after the transfer of the above business rights between D and the representative of the victim company, the defendant agreed that 25% of the sales amount will continue to be borne by the defendant under the delegation of the victim company and receive 25% of the sales amount from the victim company. Thus, even if the contract is concluded in the name of the victim company E and C in the name of B, the defendant has a duty to inform the victim company of all the contract contents and to deposit the down payment received from the victim company E.

Nevertheless, on February 2019, the Defendant entered into a knovah North production contract with the E-E and deposited KRW 19,305,000 in the name of the Defendant’s wife G account in the name of the Defendant’s wife (H) and embezzled by consuming the Defendant’s personal business funds, living expenses, etc. around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A certified copy of the register (Evidence No. 2), a business registration certificate, a business operator and a real estate transaction contract, a business operator's transaction contract (as of April 20, 2018), a written estimate, and an inquiry about deposit transaction details, and the application of statutes on the transaction details of passbooks;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the arguments in this case, including the following circumstances, Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.