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

From June 2009 to August 2010, the Defendant: (a) was a person who had been in the business division of the victim D operation E in the Gu and Si from the above company; (b) was transferred from H, operating G in the G in the G in the G in the G in the G in the G in the name of the Defendant’s corporate bank (I) to the Defendant’s bank account in the name of machinery parts supplied by the said E on August 24, 2010; and (c) was used voluntarily as the Defendant’s personal debt, living expenses, etc. from that time to that time; and (d) was transferred from that time to the Defendant’s bank account in the name of the Defendant’s personal debt, living expenses, etc.; and (e) was voluntarily consumed on nine occasions in total as indicated in the attached list of crimes to November 20, 2013.

Summary of Evidence

1. Legal statement of witness D;

1. Each part of the protocol of suspect examination of the police against the accused (including D's statement);

1. Statement made to D by the police;

1. A complaint filed in D;

1. Statement of examination of the witness who is accused;

1. Application of Acts and subordinate statutes on details of transactions by account and details of settlement in cash;

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Code of the suspended execution claim that the above 27.7 million won is not money in custody of the defendant for the victim, so embezzlement is not established.

살피건대, 위 각 증거에 의해 인정되는 다음과 같은 사정 즉, ① 피고인은 2009. 6.경 E에 입사하여 2010. 8.경 퇴직할 때까지 피해자로부터 매달 300만원씩 급여를 지급받은 점(수사기록 40쪽∽41쪽), ② 피고인은 경찰에서 위 2,770만원이 G 측에서 E 측에 기계부품 가공대금으로 지급한 돈이고, 피고인이 G 측으로부터 위 돈을 받아 개인적인 채무변제 등으로 사용했다는 사실을 인정한 점(수사기록 45쪽∽46쪽), ③ 피고인은 위 2,770만원 중 450만원을 E 측에 지급한 점(수사기록 47쪽), ④...