However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On September 7, 2017, the Defendant established and agreed to jointly operate the victim limited partnership D (hereinafter referred to as “victim Company”) (hereinafter referred to as “the victim company”) which is a aggregate extraction company between C and C, and established the victim company around September 8, 2017.

The Defendant, while serving as a limited liability member of the victim company, was in general charge of the management of fund execution, etc., was obligated to use the investment funds paid by C for the establishment and operation of the victim company.

Nevertheless, from September 7, 2017 to October 17, 2017, the Defendant received KRW 54 million from C for a victim company on five occasions from around September 7, 2017, and was in custody for the victim company on behalf of the victim company, such as fees for the establishment of a corporation with KRW 10 million among them, used for the victim company for the purpose of the victim company, and 4 million won was remitted to the Defendant’s wife for his daily living expenses around September 17, 2017, and used KRW 6 million for the Defendant’s personal fine payment, etc. from September 7, 2017 to October 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing certificates of contents, corporate joint investment and operation contracts, certificates of fact-finding on the start table, agreements, letters of payment, payment notes, construction machinery registration ledger, construction machinery transfer certificates, construction machinery transaction contracts, limited partnership companies D disbursement details and transfers, certificates of passbook transactions, entire registered matters, certificates of passbook transactions, articles of incorporation, workplace subscriber list, workplace subscriber list, document of subscription to each workplace, details of payment confirmation, and receipt verification documents;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of the recommended punishment according to the application of the sentencing criteria.