A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, around September 10, 2009, operated the said singing practice room business together with the victim D in the “C Sting practice room” located under the B of Seocheon-si, Seocheon-gu, Seocheon-si, with the victim D. Of the sales amount of the singing practice room, the Defendant, among the sales amount of the singing practice room, deposited the rent, management fee, and power fund that the lessor should pay to the lessor.

As seen above, while the Defendant kept custody of rent, etc. payable to a lessor on November 2009, the Defendant paid only KRW 5,000,000 as the monthly rent, etc. on December 18, 2009, and embezzled the amount of KRW 36,755,650 in total by arbitrarily consuming the difference from December 11, 201 to December 201 in the same manner, as indicated in the separate crime list, while the Defendant kept the rent for singing practice room over 12 times in total, as in the same manner, from December 201 through December 12, 201, he/she paid only part of it to the lessor, and embezzled the amount of rent of KRW 36,75,650 in total to the lessor without paying it to the lessor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint (including accompanying documents), a criminal investigation report (including accompanying documents), and a criminal investigation report (specific to the amount of embezzlement);

1. Lease contract, real estate right transfer contract, premium transfer contract, three singing practice contract, details of remittance, application of Acts and subordinate statutes to the contract;

1. Relevant Article 355 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act (the grounds for sentencing following the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by sentence: Imprisonment for not more than five years;

2. The scope of recommendation [decision of types] The sentencing criteria for embezzlement crime, the sentencing criteria for embezzlement crime, and the absence of less than KRW 100 million (type 1) (the scope of recommendation), (the scope of recommendation), 4 months to 1 year and April (basic area).

3. Determination of sentence: Ten months of imprisonment and two years of suspended sentence shall be the defendant who confessions to commit a crime;