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

On December 2, 2010, the Defendant received a request from the victim C to pay 40 million won to E who filed a complaint with the victim for money in lieu of D by the victim’s debtor D, at the meeting room of the Seoul Detention House, which is located in the Gyeonggi-si, Gyeonggi-do.

around February 15, 201, the Defendant kept 40 million won of the money received from D as the above agreed money for the victim, and disbursed it arbitrarily for personal purposes, such as stock investment, etc., in the French land around February 15, 201.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The statement made under C in the second police interrogation protocol against the accused;

1. Statement of the police statement concerning F;

1. A complaint, a detailed statement of deposit transactions, a ledger of account transaction details, and application of court rulings or statutes;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

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

1. The amount embezzled by a defendant for the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act is deemed to be inappropriate in light of the fact that it is private useful without the consent of the victim, even though it is directly related to the grounds for and sentencing of the victim's criminal case.

However, the sentence is ordered as ordered by taking into account all the circumstances, such as the defendant's mistake, the defendant's repayment of only KRW 15 million, and the defendant's repayment of payment of the defendant's punishment by agreement with the victim, the defendant's age, character, conduct, environment, family relationship, occupation, etc., which are conditions for sentencing as shown in the records.

It is so decided as per Disposition for the above reasons.