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

The defendant is a person who has operated a D gas station in C when he/she moves into the same business with the victim B.

1. Around September 23, 2010, the Defendant revoked the payment of credit card, while managing the credit cooperative of the above gas station at the above D gas station and keeping the profits of the gas station for the victim, he/she obtained approval by paying the card to the above gas station terminal using the card in the name of the Defendant’s seat, and embezzled the amount equivalent to KRW 100,000 out of the cash profits of the above gas station by using the card in the name of the Defendant’s seat.

In addition, from September 23, 2010 to October 19, 2010, the Defendant arbitrarily consumed the total amount of 2,530,000 won of money over 16 times, as shown in the separate crime list, from around September 23, 2010 to around October 19, 201.

2. Around March 2011, the Defendant embezzled two vehicles of the aggregate amounting to KRW 4,400,000 in the market value while the Defendant kept the said DNA oil station E and F tank glass vehicles for the victim while the victim was hospitalized in the aforementioned D gas station due to a traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Part B of each protocol concerning the examination of suspect against the defendant in the prosecution;

1. Statement of the police statement concerning B;

1. A copy of the inquiry sheet requested for transaction;

1. Application of Acts and subordinate statutes on details of cancellation of national check cards;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (up to the penalty provided for in the crime of embezzlement for the sale of tank glass vehicles around March 201, with the largest criminal situation)

1. Although the suspended sentence is not likely to constitute a crime in light of the period, methods, and frequency of the crime with the reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2,