A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. The Defendant, who operates B, agreed with the victim, to delegate part of the services awarded to the victim C, and then deliver the proceeds received from the contractor to the victim as is, to the victim.

Since then, around August 31, 2012, the Defendant received a transfer of KRW 5,800,000 from D, a contractor, from the Defendant, to July 30, 2012, from July 8, 2012 to July 30, 2012, from which the victim was delegated by the Defendant, and embezzled the amount of KRW 5,80,000, which was voluntarily consumed for the victim by means of an account in the name of the Defendant (new bankF).

2. On August 7, 2012, the Defendant, under the agreement with Paragraph 1, embezzled KRW 3,100,000, which was performed at the Seo-gu Incheon, Seo-gu, Incheon, from July 28, 2012 to August 3, 2012 upon delegation of the Defendant by the Defendant, and was transferred to the Defendant through the account as set forth in Paragraph 1, and embezzled the Defendant’s voluntary consumption of living expenses, etc. around that time while being kept for the victim.

3. On August 20, 2012, the Defendant, under the agreement under paragraph (1), (i) and (ii) received a transfer of KRW 400,000 from (i) I as a contractor, and (ii) received from the Defendant, on August 1, 2012, the victim was delegated by the Defendant, and (iii) stored for the victim through the account as described in paragraph (1), and embezzled it by voluntarily consuming the amount of living expenses, etc. around that time.

4. Under the agreement with Paragraph 1, the Defendant, upon being delegated by the Defendant on September 7, 2012, embezzled the work price of KRW 250,000, which the victim was received from the Defendant and kept on behalf of the victim by an indeterminate-gu “K” on July 7, 2012, and was then received from the Defendant, and was in custody for the victim by an inorganic means, and then wrongfully consumed the cost of living, etc. around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 355 of the Criminal Act concerning criminal facts and the choice of punishment