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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 becomes final and conclusive.
Reasons
Punishment of the crime
The victim C invested funds, and D agreed to suspend the business of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment.
On April 2016, the Defendant knew that D disposed of this case at a non-speak-gu, Seoyang-gu, Seoyang-si, Seoyang-si, and used that D disposed of this case, the Defendant used that D was a victim-friendly counsel with the victim and used the said money at will by receiving it on behalf of the Defendant, and delivered D the money to D to pay it.
“Around April 6, 2016, the Defendant’s management of this case from D deposited KRW 29 million in the Agricultural Cooperative Account (H) in the name of the Defendant’s wife G account, KRW 4.7 million around the 13th day of the same month, KRW 2.7 million around the 19th day of the same month, and KRW 55 million around the 1.3 million in cash at around that time, and embezzled it for the victim by using the amount of KRW 55 million in total, including the transfer of KRW 15 million to I by a middle and high-ranking business operator around April 6, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of the detailed statement of deposit transactions and account details to Acts and subordinate statutes;
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines set forth in type 1 (the scope of the recommended punishment shall be less than 100 million won) is reduced area (one month to ten months) [the person subject to special mitigation] is not subject to punishment, or substantial damage is recovered;
2. The fact that the Defendant committed the instant crime again during the period of probation even though he/she had the record of serving multiple criminal punishment, the amount of embezzlement, and the fact that the nature of the crime is very poor is unfavorable to the Defendant.
On the other hand, the defendant is the defendant.