A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 2012, the Defendant received delegation from the victim C to collect D's claims at a restaurant near the Seo-gu Daegu District Court Branch of Seo-dong, Chungcheongnam-gu, Seo-gu, Seoul District Court. The Defendant kept documents, such as a sales contract, agreement, and a copy of the register of real estate, owned by the victim as necessary for the collection of claims.

While the Defendant kept the documents, such as a sales contract of the said real estate for the victim, the Defendant, on October 2012, received a request from the victim to return the said documents, and then embezzled the said documents, even if he/she received a request to return the said documents.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the statement of the E);

1. Police suspect interrogation protocol regarding F;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (a copy of documents returned by a suspect to an complainant);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;