A defendant shall be punished by imprisonment for one year.

except that 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

On August 10, 2016, the Defendant entered into a partnership agreement with four victims, such as C, D, E, and F, for the construction of officetels and multi-household buildings, and for the sale of buildings in units, and entered into such agreement with G as the spouse of the victim C to engage in the real estate leasing business, jointly with G as the spouse of the victim C. In order to execute taxes and all expenses incurred in carrying out joint projects in the process, the Defendant received investments from the victims into the H association account in the name of the Defendant and kept them in custody on business.

On May 20, 2019, the Defendant deposited the amount of KRW 75 million out of the joint business expenses kept in the custody of business after transferring it to the IF account under the name of the Defendant, and embezzled it by using it for personal purposes, such as living expenses.

Summary of Evidence

1. Defendant's legal statement;

1. C Application of Acts and subordinate statutes governing the details of transactions by suspect I association, such as a written statement of the police statement, written investigation report (a copy of a passbook of H association under the name of the suspect), the same business contract;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations] and the basic area of punishment, four months to one year and four months;

3. Determination of sentence: Ten months of imprisonment with prison labor, and two years of suspension of execution, which are disadvantageous to him/her: In light of the details of the crime, the number of damages, etc., the liability for the crime is not minor

A favorable circumstances: The defendant recognizes a crime.

There is no record of being punished for the same crime or exceeding the fine.

The records of this case, including the defendant's age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime.