2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

On May 2016, the Defendant: (a) received a consignment sale from the victim D to “C” 225 E, which is the victim’s ownership; (b) sold the her mother to E in the amount of KRW 22 million on November 14, 2016; (c) received a down payment of KRW 12 million from the agricultural bank account in the name of the Defendant for the victim; and (d) embezzled the her personal debt, purchase of part parts, living expenses, etc. for the victim on his/her own.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on details of each written confirmation, promissory note, contract, and account transaction;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense, Article 355 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence [the scope of recommended punishment] Type 1 (100 million won or less) of Article 62(1) of the Act on the Suspension of Execution [the decision of sentence] / The sentencing guidelines and the defendant's age, sex, criminal conduct, environment, circumstances, means and result of the crime, etc., and the confirmation that the damaged person was paid KRW 16,50,000 from the defendant, shall be determined as per the disposition in consideration of the following: