A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On June 3, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor and two years of suspended execution for embezzlement, etc. at the Changwon District Court on June 3, 2015, and the judgment became final and conclusive on June 11, 2015.

The Defendant, along with the victim D, established the “F” in Kimhae-si, established the “F” and jointly managed with the victim. Around August 2013, the company’s circumstance fell into existence, and reversed the joint management contract with the victim, and the victim had the above F’s credit, debt, etc., and transferred the F’s passbook and its business registration certificate to the victim.

On September 17, 2013, the Defendant received the said money from the above F Office to deposit the price of KRW 10 million for the supply of goods to be paid to F in currency with the person in charge of the PMF (State) and used the said money for personal purposes, such as operating expenses of the individual business from that time until September 27, 2013.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A statement of inquiries about details of transactions (Seoul Bank-Large PMF);

1. A copy of passbook deposit certificates, and data on the details of transactions of deposits and withdrawal from the Industrial Bank of Korea;

1. Previous records of judgment: Criminal records, investigation reports (Attachment of a copy of judgment), and application of Acts and subordinate statutes of one written judgment;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentencing conditions indicated in the records of this case, such as the fact that the victim paid the total amount of damage to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution, the fact that the amount of damage is relatively small, the situation that the latter concurrent crimes under Article 37 of the Criminal Act are concurrent crimes, and the age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime

(The sentencing criteria shall not apply because they are concurrent crimes under the latter part of Article 37 of the Criminal Act).