A defendant shall be punished by imprisonment for six months.

except that 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 1, 2005, when the Defendant accepted the D horse riding course located in Gyeonggi-si, Gyeonggi-do, from E, the Defendant paid 47,530,000 won out of the above acquisition price, and the Defendant received the remainder of the riding course, and entered into a club business agreement with the victim to divide the profits accrued from the operation of the above riding course into half of the acquisition price.

On April 30, 2007, the Defendant transferred the above riding course, which is the business property of the victim to G, from G, and embezzled it for personal purposes, such as personal debt, horse racing fund, etc. at his own discretion, without undergoing the settlement procedure for the distribution of profits and losses with the victim at the time of his occupational custody, and without undergoing the settlement procedure for the distribution of profits and losses with G at his own discretion.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Application of statutes governing details of transactions and copy of a contract;

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

1. As to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (as to the facts that there is no record of punishment imposed on the defendant and there is no record of punishment heavier than the fine, the defendant appears to have received a large amount of profit from the same trade in this case, and there are circumstances that may be considered in the sale circumstances);

1. The asserted F merely invested money in the Defendant’s business and is not in a partnership business relationship, and the Defendant is not in a position of a person who keeps another’s property.

The sale price of the instant riding track is paid for the repayment of the borrowed money for the use of the funds for the operation of the riding track, and the monthly rent and personnel expenses for the riding track, and the Defendant has the intention of unlawful acquisition.