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

On August 23, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for fraud in the Suwon District Court Eunpyeong Housing Site. The judgment became final and conclusive on August 31, 2012.

From around 2005 to 2008, the Defendant served as a business employee of the victim C (representative D) corporation, while engaging in sales and collection of boiler.

On April 25, 2008, the Defendant, as shown in the annexed Table of Crimes, embezzled the total amount of KRW 5,648,00,00 for all 19 times, such as prohibiting the sale of boilers equivalent to KRW 30,40,00 from E from the above company, and embezzled it by consuming it for personal purposes, such as entertainment expenses, from the day of Pyeongtaek-si around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint filed in D;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment of related judgments);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is a case where the defendant arbitrarily uses the discounted sales proceeds while serving as a business employee of the victimized company and embezzled the amount equivalent to KRW 5,648,00,00 in consideration of the circumstances of the crime, the number of embezzlements, etc., but the responsibility for the crime is not minor in light of the circumstances of the crime and the number of embezzlements. However, the defendant's acknowledgement of the crime, the fact that the defendant was in opposition to the victim, that the defendant agreed with the victim, and that the defendant could have been subject to judgment together with the previous conviction in the judgment, and the sentence of suspended execution is to be determined as ordered