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

The Defendant is a person who has operated a secondhand of the trade name “C” in “C” in smuggling.

Around May 26, 2012, the Defendant received a request from the victim D to keep 33,00,000,000,000 old interest rate of 33,000,000,000 which is the market value of the victim, and kept the same. On February 26, 2014, the Defendant sold the whole amount of the above old interest to other high objects with the mind of mind, and consumed the price as operating expenses on the property.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the certificate of measurement;

1. Application of each statute;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Class 1 (100 million won or less) [one month or October] mitigated area (the person subject to special mitigation] [the decision of sentencing] is deemed not to have the defendant's punishment, and the defendant's age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered to be considered, and the sentencing conditions indicated in the record shall be determined within the scope of the recommended sentence according to the sentencing guidelines, taking into account the following factors: