A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On November 2009, the Defendant entered into an agreement to operate a business with the victim C to raise and sell pigs by leasing and selling the said DNA farm, and to distribute profits therefrom.

The content of the agreement was that the Defendant invested KRW 20 million in the lease deposit of the said D farm, raising pigs, the victim invested KRW 10 million in the lease deposit of the said D farm, paid KRW 10 million in monthly rent, paid the repair cost and oil cost necessary for farm operation, and the swine entrusted 740 mas through three occasions, and the Defendant and the victim distributed 50:50.

The Defendant: (a) on May 26, 2010, the Defendant: (b) sold pigs worth KRW 8 million to (b) Pampcos on November 11, 2010; (c) sold pigs worth KRW 174,128,128 won in total from November 11, 201 to February 7, 201; (d) arbitrarily disposed of pigs worth KRW 174,128,128 in total; and (e) embezzled pigs worth KRW 78,298,021 among them by consuming around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Partial statement of witness G;

1. Partial statement of the suspect interrogation protocol of each prosecution against the accused (including the F and C's respective statements);

1. Application of the business registration certificate, data from each transfer processing result, real estate lease contract, each certificate of measurement, details of settlement of purchased land for relief, copy of passbook (agricultural Cooperatives under H name);

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a case where the defendant, under an agreement with the victim on the same business with respect to the raising of pigs, embezzled an amount equivalent to KRW 78 million by using the disposal price at his own discretion, and whether the defendant has a partnership agreement.