A defendant shall be punished by imprisonment for four 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

The Defendant, while having a plan to take over and operate “D entertainment tavern” in Daejeon Pungdong-gu, was insufficient, had the acquisition fund received from the victim E with the funds invested by him/her. On July 201, the Defendant entered into a partnership agreement with the victim to receive an investment of KRW 40 million from his/her house of Daejeon Pungdong-gu to receive an investment of KRW 100,000 from the victim as the funds for taking over the main house from the victim. On August 5, 2011, the Defendant received from the victim a remittance of KRW 40,000,000 from the bank account (H) in the name of G to pay an investment return of KRW 40,000,000 from the victim.

The Defendant, among the main acquisition cost of KRW 120 million, failed to prepare the acquisition fund in addition to the amount of KRW 40 million received from the victim, and failed to obtain the acquisition fund for entertainment tavern, thereby destroying the business relationship with the victim, and even though the investment fund was also required to be returned to the victim, the Defendant embezzled the amount of KRW 40 million, which was kept by the victim for the victim, with the personal business funds for living expenses from around that time to November 10, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment.

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] The punishment of the suspended sentence under Article 62(1) of the Criminal Act refers to the crime of embezzlement and breach of trust, the category of punishment, the area of mitigation, the period of imprisonment from one month to ten months [whether suspended sentence is suspended]: The major reasons for considerable damage recovery, the reason for general participation in the punishment not less than two times: the period of suspended sentence and not less than two times: The period of suspension of execution and not less than two times: the amount of damage not less than five times, and the reason for the general participation in the crime: the amount of serious harm recovery and not less than two times: the amount of serious reflect and not less than two times, the amount of damage equivalent to deposit damage, the effort to recover the serious damage (decision of sentence] 4 months in imprisonment