A defendant shall be punished by imprisonment for four 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

Around June 2010, the Defendant entered into a partnership agreement with the victim B to newly build a studio on the land in Kimhae-si and distribute profits from sale. The victim invested half of the total amount of investment, which is a half of the total amount, and thereby becomes a title holder of the above land. The Defendant agreed to newly build a 45-household studio while managing the total amount of investment by investing the remaining investment funds.

On July 5, 2010, the Defendant received 30 million won from the victim in the account of a company bank (F) in the name of the Defendant, as the business promotion expenses, from the victim of the E gas station located in Seo-gu, Busan, that “the change in the business promotion expenses related to the construction of the studio” to the victim.

Around July 5, 2010, the Defendant had kept the said KRW 30 million for the victim for the purpose of using in the joint business. On July 6, 2010, the Defendant borrowed KRW 5 million from G to G with the use of the hospital expenses. On July 6, 2010, the Defendant transferred KRW 6 million to H’s father, who was in a de facto marital relationship, under the name of the living expenses. On July 6, 2010, the Defendant transferred KRW 2 million to J as the personal debt repayment, and used KRW 13 million in total.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A response, an investigation report (to hear and report on reference K, I, L, and M phone statements);

1. Application of the standard contract for construction works, investment agreement, and copy of passbook Acts and subordinate statutes;

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

1. Reasons for sentencing [the scope of recommending sentence] under Article 62(1) of the Criminal Act [the scope of recommending sentence] under Article 62(1) of the Act on the Suspension of Execution, and there is no basic area (4 to 100 million won) (4 months to 100 million won) [the decision of sentencing] under Article 62(1) of the Act on the Suspension of Execution (the decision of sentencing