The punishment of the accused shall be five months by imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is an operator of D Mt (hereinafter “D Et”) located in Ansan-si, and the victim E is a person who independently operates the fryer and the fryer’s fryer in the Mat.

The defendant and the victim agreed to receive 10% of the above prices from each copon, but the defendant and the victim agreed to provide the victim with 10% of the above prices.

The defendant from February 10, 2015 to the same year.

5. Until October, 100, the injured party provided 28,146,585 won, which was obtained by deducting 10% of the commission from the price of KRW 31,273,983, which was sold by each of the above copons, and embezzled the property owned by the injured party by arbitrarily consuming the remaining KRW 19,146,585.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of witness E;

1. Application of Acts and subordinate statutes governing the total sales and service fees of a copy of a real estate lease agreement, and of rental coaches;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing guidelines [Types of Determination] Class 1 (Decision of less than 100 million won) [Decision of the area of recommendation] Basic Field / [Scope of recommendation] from April 1 to April / [The scope of general sentencing person] - Reduction element: where the crime of embezzlement is committed [main reasons of suspension of execution] - Where the amount of actual damage is considerably small / negative: Suspension of execution [general reasons of suspension of execution] - There is no effort to recover negative damage - there is no positive social relation / there is a significant reflection.

2. Determination of sentence: (a) the type and degree of the instant crime; (b) the criminal records of the Defendant’s person; and (c) the recognition of the Defendant’s criminal act; and (d) the various circumstances shown in the instant trial, including the Defendant’s age, sex, environment, and circumstances; and (b) the sentence shall be determined as ordered by taking full account of