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

On August 9, 2017, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law (unlicensed driving) at the Daejeon District Court on August 9, 201, and the sentence became final and conclusive on November 15 of the same year.

Criminal facts

On February 2, 2016, the Defendant: “Around February 2, 2016, the Defendant shall mine and sell ginseng; the Defendant shall bear the extraction expenses; the victim shall bear the funds necessary for the purchase of ginseng field; however, the Defendant shall first settle the amount borne from the sales of ginseng, and shall distribute the amount to 50:50 if any profit or loss exceeds the amount borne.

“......................”

Under the above agreement, the victim delivered 170,000,000 won to the defendant as the purchase price for the ginseng field where ginseng was planted, and the defendant spent 15,000,000 won as the ginseng mining expenses.

When the Defendant sold ginseng extracted in the middle of March 2016 and sold 178,781,50 won in total, among others, from 185,00,000 won, which is the sum of the funds invested by the Defendant and the victim, pursuant to the above agreement, he/she shall deduct the above sales from 178,781,50 won, which is the sum of the funds invested by the Defendant and the victim, and then settle the amount of 16,89,250 won, which is the half of 6,218,50 won, deducted from 170,00,000 won, which is the amount of loss, by the victim.

Nevertheless, the defendant paid 80,000,000 won out of the above 166,890,750 won to the victim and used the remaining 86,890,750 won for the victim at around that time as business funds and living expenses of the defendant around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor to the victim;

1. Statement made to the complainant or C by the police;

1. Investigation report (the details of transactions of the NongHyup Account in the name of the suspect, and sales of the suspect ginseng);

1. Previous convictions: Inquiry about criminal history, the application of the Acts and subordinate statutes of Daejeon District Court 2017 High Court Decision 1928;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;