A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On November 29, 2016, the Defendant was sentenced to a suspended sentence of one year for the crime of bodily injury at the Jeonju District Court's Military Branch's Branch's rendered a sentence of imprisonment with prison labor for six months, and the above judgment was finalized on December 7 of the same year.

On November 20, 2015, the Defendant: (a) around November 20, 2015, at the gas station in the operation D of the Victim C located in Chungcheongnam-gun, Chungcheongnam-gun, to obtain reimbursement through a lawsuit from the victim “B (B) E with a claim of the mother type; and (b) the Defendant would also require the said company to have the claim for the oil payment, which the Defendant has against the said company.

In order to do so, documents should be prepared to transfer the claims to B as the creditor should be within the name of the creditor, with the delegation from the injured party to collect the claims, and upon receipt of the transfer contract for the transfer of claims of KRW 10,128,160 to E, and on November 24 of the same year, an application for provisional attachment of claims between the debtor (State) E and the third debtor F (State), including the above claims of the injured party, was filed with the Jung Government District Court for provisional attachment of claims of KRW 51,510,160.

The plaintiff (State) deposited KRW 51,510,160 claimed by the defendant in the Daejeon District Court on December 22 of the same year, and on March 21, 2016, the defendant received the above deposit from a new bank account under the name of the defendant and kept KRW 10,128,160, which is the share of the victim, from the date of keeping the same year.

4. up to November, 11, the Defendant embezzled the Defendant’s personal loan repayment, payment of construction cost, living expenses, etc. on a voluntary basis.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written contract for transfer of bonds, verification of details of the contract, request for recovery of deposit money, written determination, and inquiry about details of Defendant account transactions;

1. Previous conviction: Application of Acts and subordinate statutes to criminal history inquiry, sentence, and case search result;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The following circumstances and the defendant's age, sex, environment, and reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence.