However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

The Defendant was engaged in the business of selling precious metals and refining, etc. under the trade name of Jongno-gu Seoul Metropolitan Government 132, and the Defendant was a person who was in charge of brokerage by receiving a request from the Victim E to July 18, 2017 to pay off 14 km and 18 km gold from the Victim E during the period from 2007 to 2007.

While the Defendant kept the victim’s regularly entrusted money from May 2017 to July 2017, the Defendant sold money equivalent to KRW 70,034,330 of the market price to other retail stores and persons, and consumed the sales proceeds for personal purposes, such as cost of living or rent.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Fact-finding confirmation, detailed statement of transaction, customer director, certificate of transfer confirmation, copy of transaction statement;

1. A detailed statement, a written consent to repayment of obligations, and a written statement of preservation and removal of gold;

1. Application of the Act and subordinate statutes on investigation reports (the details of transactions of suspects), investigation reports (the temporary specification of the disposition of embezzlement);

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

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

1. The scope of the recommended punishment [the scope of the recommended punishment] specified in the sentencing criteria (the scope of the punishment shall be less than 10 million won) and the mitigation area (one month to ten months) (the person subject to special mitigation] is not subject to the punishment;

2. Determination of sentence [Opinion of Prosecutor] Imprisonment with prison labor for one year / [Judgment] imprisonment with prison labor for six months, the scale of damage for one year of suspension of execution, and so forth.

However, the fact that the defendant confessions the defendant, the defendant's agreement with the victim that the injured person does not want the punishment of the defendant, and the fact that the defendant has no record of the same kind of crime shall be considered in favorable circumstances.

In addition, various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., shall be comprehensively taken into account.