A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, along with the victim B, established a corporation C, a corporation for the purpose of selling mobile phones with the victim B, and carried out the same business and was in charge of fund management.

On May 2012, the Defendant: (a) retired from the said corporation; (b) had the victim settled the sales commission, etc. for the victim’s share; (c) entrusted the victim with the repayment of the debt he/she received from the victim’s name at the time of the establishment of the said corporation; and (d) used the said money for the purpose of his/her own store business funds, etc., and embezzled it around that time while having been in custody for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B (including sub-examination part);

1. Application of Acts and subordinate statutes, such as the copy of payment order and statement of settlement;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Order (the scope of liability for compensation against the applicant for compensation is unclear, and thus the compensation order in the criminal procedure of this case is deemed unreasonable) is that the crime of this case embezzled the money entrusted by the person who suffered damage from trust relationship, and the crime of this case is disadvantageous in light of the amount of damage.

However, there are favorable circumstances such as the fact that the defendant confessions the facts charged and seriously reflects the defendant, that the defendant appears to have discharged some of the defendant's damages, and that the defendant has no criminal record for the same kind of offense.

In addition, the defendant's age, sex, environment, means and results of crimes, and various sentencing conditions in the trial process of this case, such as the circumstances after the crime, are considered as the order.