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

From May 27, 2013, the Defendant has been engaged in the management of the above accounts, such as deposit accounts (agricultural, national banks, and corporate banks) in the name of the victimized Company D (former E, F, hereinafter referred to as “D”) in which soil and sand transportation expenses are deposited from the customer while substantially operating the Victim D Co., Ltd. (former E, E, F, hereinafter referred to as “D”) in Seo-gu, Incheon.

On February 23, 2014, the Defendant spent 1,500,500 won on the same day to the Internet gambling site G account in personal use while he/she kept money deposited into the said agricultural bank account for the purpose of transporting soil and sand at the above D office on the business basis.

From February 23, 2014 to September 2, 2014, the Defendant consumed the total of KRW 93,866,000 by the same method over 65 times, as shown in the annexed crime sight table.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of the suspect of the defendant (including the part concerning the statement of H and I);

1. An agreement on joint projects;

1. A detailed statement of transactions to be submitted by the complainant;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 365 and Article 355 (1) of the Criminal Act (generally, the choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be given to the defendant in favor of the defendant):

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc., is that the Defendant arbitrarily transferred the funds of the victim company in his/her custody in the course of business to another person’s account, and embezzled by using the money for gambling, and the nature of the crime is not that of the crime.

On the other hand, the defendant seems to have deposited 40 million won in the account of the victim company, and the defendant also has to receive earth and sand transport cost from the victim company.