2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

The defendant is the representative director of the D Agricultural Partnership established for the purpose of joint shipment, processing, export, etc. of agricultural products in Ansan-si.

Around August 6, 2014, the Defendant entered into a supply transaction agreement with the victim E and the Administration to vicariously purchase and manage packaging materials necessary therefor, and deliver them. From August 22, 2014 to September 1, 2014, the Defendant received KRW 614,980,000 from the damaged party to the Agricultural Cooperative (Account Number:F) under the pretext of advance payment of the supply transaction contract, and transferred KRW 536,90,60 among them to the Agricultural Cooperative (Account Number)’s account for advance payment, and used KRW 78,072,40,000 from August 22, 2014 to September 1, 2014 to use the remainder of KRW 78,07,60 as the purchase cost of Cheongju and subsidiary materials for the said account, and embezzled it by arbitrarily using the Defendant’s operating expenses from around September 20, 2014 to around the said account.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning E and G statements concerning the defendant during the third examination of suspect.

1. Statement made by the police for E;

1. A complaint filed by E;

1. Contract of supply, detailed inquiry of each case of the results of transfer management, letter of performance for advance payment, delivery of the current status of the funds for approval for post-sale, and inquiry about the results of transfer management;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendations based on the sentencing criteria;

(a) Determination embezzlement, breach of trust, or type 1 (less than KRW 100 million);

(b)the basic territory of the recommendation territory;

(c) Imprisonment with prison labor for a period of four months or more, one year and four months;

2. The fact that the defendant who was sentenced to punishment of this case led to confession and reflects the crime of this case, that H subrogatedly repaid the victim 10 million won on behalf of the defendant, and that part of the damage was restored by the defendant's repayment of 12 million won to the victim, and that the defendant is identical to the defendant.