A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 2015, the Defendant, who was delegated by the Victim C at the early Franman Syman, notified D of the Defendant’s corporate bank account number (F) of the Defendant’s bank account number (F) with the name of “E,” under the proposal that “E, if the name of the electrical construction business operator is required, would receive the price in lieu of the Party’s passbook, the amount equivalent to 10% of value-added tax and 3% of the fee, if it is received in lieu of the Party’s passbook.”

Therefore, on July 8, 2015, the Defendant received 33,00,000 won of an electronic bill from the Defendant’s corporate bank account (on November 20, 2015, the maturity date) from the Defendant’s corporate bank account in consideration of the price for electrical construction against the Defendant (on November 20, 2015), and then deposited 32,138,795 won with a discount from a corporate bank on July 10, 2015 for the victim, while the Defendant was in custody for the victim, the Defendant transferred the amount of KRW 32,00,000 won to the Defendant’s corporate bank account (H) with the Defendant’s use of KRW 110,00 won on July 15, 2015, and embezzled the remainder of the Defendant’s personal debt back to the Defendant’s personal bank account in the name of the Plaintiff.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of Materials by a complainant);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria [Scope of recommending punishment] Type 1 (less than KRW 100 million) and the basic area (from April to January 4) (special person) of the sentencing criteria;

2. There is no history of punishment exceeding a fine imposed on the defendant, and the proxy D of the victim submits a written agreement in which the victim's intention not to punish the defendant, and the age, occupation, character and conduct of the defendant.