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

On November 20, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for embezzlement at the Suwon District Court, and the said judgment became final and conclusive on November 28, 2014.

On December 11, 2012, the Defendant: (a) around December 11, 2012, at the Defendant’s identity logistics office located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Dongsan-dong 3, the Defendant reported the solicitation advertisement of local owners; and (b) was delegated by the Victim Network C with the affairs concerning the purchase of trucks, the loan of funds, etc.; and (c) introduced the Victim D

The victim borrowed KRW 168,00,000 from Samsung Card Co., Ltd. on December 12, 2012 following D’s guidance, and paid KRW 33,122,080 out of the above money to the Japan Special Contract Group Co., Ltd. for a wing wing attachment cost.

On the same day, the Defendant was transferred KRW 13,122,080 remaining after subtracting the actual installation cost of KRW 20,000 from the first special motor vehicle of the same day, which was kept for the victim, to his own bank account under the name of his own child, and used arbitrarily around that time.

In this way, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning C’s statement in the interrogation protocol of the suspect as of July 26, 2013 against the defendant

1. Each police statement of C;

1. A sales contract, a transportation contract, or a loan agreement;

1. Tax invoice;

1. Certificates of deposit transactions;

1. Previous convictions: Criminal records, written judgments, and application of Acts and subordinate statutes governing inquiry into case agreements;

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

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the fact that the defendant admits his mistake, that the victim's bereaved family members and the bereaved family members have agreed smoothly, that the judgment has become final and conclusive simultaneously with the crime that became final and conclusive, and that the defendant's criminal records have been committed;