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

The Defendant is a person who operates a man-made business with the trade name of “C” in the Nam-gu Incheon Metropolitan City.

On January 19, 201, the victim D provided the Victim’s name as collateral to the Gancheon-gu E-gu Association of Gancheon-gu and 1450 square meters of forest land and 1574 square meters of forest land owned by the victim, and was subject to a loan of 960 million won by making the obligor’s name as the Defendant due to credit problems.

around May 18, 2012, the Defendant deposited KRW 5,220,00 in a bank account in the name of G, managed by the Defendant, with a request from the victim to pay the interest of the above loan on behalf of the victim, and embezzled KRW 5,220,00 in a bank account in the name of G, and around June 18, 2012, KRW 3,000,000 on July 20, 2012, around July 20, 2012, and KRW 2,10,000 on July 26, 2012, and KRW 5,000,000 on deposit around August 17, 2012, and embezzled each of them for the purpose of paying for personal debt at his/her own expense at around that time. < Amended by Presidential Decree No. 23788, Jun. 18, 2012>

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Full certificate of the matters to be registered, details of transfer, and written confirmation of entry and departure transactions;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 355 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant is subject to a suspended sentence of imprisonment with prison labor for the same kind of crime and for fraud. In light of the methods and results of each of the crimes of this case, there is no agreement with the victim, and there is an unfavorable circumstance against the defendant. However, the defendant deposited a total of KRW 4.3 million for the victim. The defendant was 4.3 million in depth of his mistake, and his social relation is clear, and the detention of the defendant is accompanied by excessive difficulty for his dependants, and the motive and consequence of each of the crimes of this case.