2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

On June 26, 2008, the Defendant: (a) received a request from the victim B to transfer the borrowed amount of KRW 12 million from the previous C in order to repay KRW 20 million, which is part of the borrowed amount of KRW 12 million from the transfer registration fee for the ownership transfer of the auction goods; (b) received remittance of KRW 12 million from the Defendant’s children to the account in the name of D; and (c) embezzled for the victim by consuming the above KRW 12 million for personal use, such as snow operation expenses, at the south and south of the region around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (including the fact that there is no particular criminal conviction against the defendant and the defendant