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

3.

The Defendant, from February 2, 2012 to June 5, 2014, has been engaged in the business and the collection of gold as a partner of the gold-type production chain operated by the victim D in Gwangju North-gu, Gwangju, as the partner of the victim D.

around January 25, 2013, the Defendant spent KRW 1.2 million from the “F”, a business bank account under the name of the Defendant, to the account of a company bank (G) and was in the course of business for the victim. On January 27, 2013, the Defendant used KRW 35,000 with the drinking price from the Iju store located in Gwangju Mine-gu H, and used KRW 35,000 with the drinking price. On February 3, 2013, the Defendant consumed KRW 40,000 with the accommodation price from the Jmoteel located in the same H from January 26, 2013 to February 27, 2013, as the Defendant used the said KRW 1.2 million from the daily source in Gwangju City from January 26, 2013 to February 27, 2013.

From that time until May 16, 2014, the Defendant collected KRW 203,060,403 in total from 6 business partners to 20 times, as stated in the list of crimes in the attached Table, and used KRW 58,027,403 among them in mind at around that time as the daily source in Gwangju City used KRW 58,027,40 in the name of alcohol value and personal debt repayment.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including D and replaced parts);

1. Statement made to D by the police;

1. The detailed statement of acceptance of export declaration, written application, details of each account, payment statement of gold price, statement of account payment by account, statement of account deposit transaction, SALE COTRACT, statement of foreign currency deposit transaction, business registration certificate, details of foreign currency card transaction, details of check card use, and application of each Act and subordinate statutes on the use of credit cards;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The range of recommending punishment according to the sentencing criteria: Imprisonment with prison labor for not more than 10 months and special mitigation area of mitigation area of punishment for embezzlement and breach of trust.