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

Around August 20, 2012, the Defendant and the victim C entered into a business agreement with the Defendant to purchase the original purchase fund from the Defendant at a low cost of dumping, and then to equally share profits from the market price profits by selling it.

The Defendant, around that time, has kept the original purchase fund and the sales fund of the original unit received from the victim for business purposes, and embezzled the total amount of KRW 9,860,000 by using it for personal purposes at least five times in total as follows.

1. On August 20, 2012, the Defendant: (a) received KRW 15 million in cash from the victim under the pretext of the purchase price for the original unit from the victim; and (b) used only KRW 10 million for the purpose of purchasing the original unit from F; and (c) embezzled by discretionary use to repay the Defendant’s personal debt around that time.

2. On September 9, 2012, the Defendant received a cash of KRW 500,00 from the victim under the name of the original purchase price, and used only KRW 100,000 for the purpose of purchasing the original group from G while keeping it for business purposes, and embezzled the remainder of KRW 400,000 by using the Defendant’s personal living cost, etc. around that time.

3. Around October 3, 2012, the Defendant embezzled KRW 1.660,00,000, from among the original teams that were kept at the storage place to H, by using it as personal living expenses of the Defendant, etc. around that time.

4. Around October 24, 2012, the Defendant embezzled KRW 2,200,000 in cash, which was sold to I, among the original teams that were kept in custody, at a warehouse owned by the said victim, by using it as personal living expenses, etc. of the Defendant around that time.

5. The Defendant: (a) around November 201, at a warehouse owned by the said victim; and (b) at such warehouse.