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

around July 2011, the Defendant was in the process of performing the duties of physical and disposal of the purchaser on behalf of the said victim upon request from the victim B for a disposition of 150 weeks, 150 weeks, 80 weeks, 35 weeks, 50 weeks, 50 weeks, 50 weeks, 8 weeks, and 8 weeks.

The defendant asked D, who was aware of landscaping business operators, to search for the purchaser.

Accordingly, D received the introduction of E on July 29, 201 and sold the said trees to F, and received from E a transfer of KRW 15 million on July 29, 201 as the purchase price for the said trees, and received from E a total of KRW 15 million on August 8, 201.

As above, the Defendant: (a) allowed D to arbitrarily use KRW 5 million, among KRW 15 million remitted from D, in the name of flood, etc.; (b) divided the remainder of KRW 10 million from D into KRW 7 million on July 29, 201; (c) KRW 200,000 on August 25, 201; and (d) transferred the money to the Defendant’s Gwangju Bank Account (G) on September 9, 201; and (c) voluntarily consumed the money from other case-related expenses handled by the Defendant around that time.

As a result, the Defendant embezzled 15 million won in total of the purchase price for the trees as seen earlier through D or by discretionary consumption while being kept directly for the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement among the prosecutor's protocol of interrogation of the defendant against the defendant

1. Each statement made by the police in relation to B and E;

1. Application of Acts and subordinate statutes to entries in the details of entry into bankbooks, and account transaction statement;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order has the record of being punished twice by fraud and violation of the Attorney-at-Law Act.