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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant operated entertainment bars with the trade name of Naju City, and the victim D had been aware of the defendant while providing the defendant with equipment such as liners, etc. to the defendant's store from several years.
1. On July 5, 2010, the Defendant received at his/her own name the share of 30 million won in the limit amount organized by E from the victim under the above C, KRW 1.5 million in the deposit amount, KRW 21,000 in total, and KRW 6, 15, and KRW 16 in the credit amount. The Defendant received at his/her own name the share of the victim. The Defendant received at the share of 1 and 2 shares in the above credit amount.
Since from July 5, 2010 to February 5, 2011, the Defendant received from the victim an amount of KRW 15 and 16 to pay KRW 24 million in total from the victim’s number system, and paid it to the above number system (the victim’s share of KRW 6) (the victim’s share of KRW 6). Since the Plaintiff was unaware of the fact that the said payment was the victim’s share of the victim’s share, the Defendant received the share of the victim’s share at the time of withdrawal and was obliged to pay the said share of the victim’s share to the victim, there was a duty to receive the share of the victim’s share at the time of withdrawal and to pay it to the victim.
Nevertheless, on February 2011, the Defendant violated the above duties, and thereby, at the above C around February 201, the victim paid the above number Nos. 15 and 16 as above through the Defendant, through the Defendant, KRW 24 million, which was paid by the victim to E, was arbitrarily set off and disposed of with his personal debt that he had borne by E without the consent of the victim, thereby causing damage equivalent to KRW 24 million to the victim’s property profit.
2. Between March 5, 2011 and May 5, 2011, the Defendant embezzled the said fraternity by using the payment of its share of the said number fraternity at his/her own discretion around this time while receiving KRW 9 million from the victim D for the purpose of paying the fraternity Nos. 15 and 16.
Summary of Evidence
1. Statements by the accused in court (the second public trial);
1. Each police statement of D. D.