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.

Punishment of the crime

[Criminal Power] On January 14, 2011, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for fraud, etc. at the Jung-gu District Court for the same year.

2. 17. The judgment became final and conclusive.

【Criminal Facts】

Around May 2010, the Defendant filed a criminal complaint against D and E B in fraud, and received a request from D and E to transfer KRW 10 million with a criminal agreement amount, and received KRW 10 million from F as a criminal agreement amount for D and E on the 31st day of the same month, from F, who was the birth of the victim, and received KRW 10 million from F as a criminal agreement amount for D and E, until December 6 of the same year, from that time, he/she arbitrarily used them for personal debt repayment, etc. under the same name as indicated in the attached list of crimes, from December 6 of the same year.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Detailed statement of transactions in passbook and detailed statement of transactions in free savings;

1. Previous conviction: Judgment on the assertion of a resident and criminal records, investigation report (written judgment and confirmation report of the fixed date) by a defense counsel

1. The defense counsel asserts that the defendant had no intent to commit the crime of embezzlement since he used the money No. 1 in the list of crimes for personal use and paid part of the money received from another person for the purpose of criminal agreement delegated by the victim.

2. In light of the evidence duly admitted, the crime of embezzlement is established in the event that the other person uses funds for purposes other than the limited purpose upon being entrusted with a limited amount of funds, and the defendant has received money from the victim for the purpose of criminal agreement, and the defendant is sufficiently guilty in the crime of embezzlement inasmuch as he/she arbitrarily uses funds for personal purposes.