A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

The Defendant has been engaged in the sales and collection of products as a director of the Victim E Co., Ltd., Ltd., a representative of D, who was in the Gluran-gun, from August 2010 to September 16, 2012.

On December 15, 2011, the Defendant arbitrarily consumed KRW 30,612,00,000 from August 27, 2011 to September 27, 2012, as indicated in the list of crimes in the attached Table, instead of receiving the amount of money equivalent to KRW 10,00,000 from the Defendant’s customers of the Victim’s Trade Service, to the account of the Victim’s company. At that time, the Defendant transferred money to the Agricultural Cooperative’s account under the Defendant’s name to the Defendant’s account, and wrongfully consumed the money for personal debt and living expenses.

Summary of Evidence

1. Statement of the second police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes to each of the items mentioned in the supply transaction statement, E deposit details, F supply transaction statement, statement of passbook transaction, statement of account transaction to be avoided, investigation report (related to the sales proceeds of multiple combined land) and investigation report;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act (generally, the point of occupational embezzlement) and the choice of imprisonment;

1. Reasons for the sentencing [the scope of applicable sentences under the law] under Article 62(1) of the Criminal Act (the grounds for sentencing that are favorable among the reasons for sentencing) of the suspended sentence [the scope of applicable sentences under the law] 1-10 years of imprisonment [the decision of the applicable sentencing] 10 years of embezzlement and breach of trust [the decision of the recommended sentencing] / [the scope of the recommended sentencing] 4-1 year and 4 months [the scope of the recommended sentencing] - Where the crime of embezzlement of aggravated factors is committed [the scope of suspended sentence] - The principal reasons for the suspended sentence - Where the main reasons for the suspended sentence are considerably small: Unscheduled agreement - there is no effort for recovery of negative damage - Where there is a very small amount of actual damage: A reflection (the decision of the applicable sentence] which is obvious that the defendant has a positive social relation for 2 years and 30 million won in total over six times.