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

On December 2, 2008, the Defendant proposed that “The victim E, who was aware of the peace, purchased the F land in the north-gu north-gu in the port, and sold or leased the building after constructing a new building on the land. If the Defendant invested KRW 100 million, he would gather investors to purchase the land with the investment amount, newly construct the building, sell or lease the land with the investment amount, and give the principal amount of KRW 100 million and KRW 25 million after six months.”

Therefore, the defendant was transferred KRW 50 million from the victim to the victim as investment money to purchase land at the above D Real Estate Office around January 2, 2009 and kept it for the victim, and the above KRW 50,000 on the same day is used arbitrarily for the payment of the construction price, etc. by the defendant, and the same year.

2. Around September, 200, at the same place, 50 million won was paid from the victim under the same name and used arbitrarily for personal purposes, such as Defendant’s living expenses.

Accordingly, the Defendant embezzled KRW 100 million.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Investigation report (to hear and report on the G phone statement of a witness);

1. Application of Acts and subordinate statutes on copies of receipts;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do111, May 1, 2

1. Social service order under Article 62-2 of the Criminal Act;