A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 7, 2011, the Defendant agreed to share sales with the victim D and divide profits. Under the agreement, the Defendant received 360,000,000 from the victim to raise 360,000,000 from the defendant's company located in Gyeonggi-si E, while raising the above 360,000,000 won from October 21, 201 to March 13, 201, and sold the above 360,000 won in total from October 21, 201 to March 13, 2012, and arbitrarily consumed the sales amount for the purpose of the transaction price and living expenses of the defendant for the victim.

Accordingly, the Defendant embezzled 54,764,582 won of the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D/F statements concerning the suspect interrogation protocol against the defendant

1. Statement of D police statement;

1. A written statement;

1. A copy of the bankbook and a detailed statement of passbook transactions;

1. Application of investigation reports (report on modification of market prices sold by a suspect to another person) Acts and subordinate statutes;

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 355 (1) of the choice of punishment (generally, choice of imprisonment);

1. Although the criminal records of the crime subject to the suspended sentence under Article 62(1) of the Criminal Act and the suspended sentence and the criminal records of fines were committed once each, the defendant committed the crime of embezzlement in this case and thereby, caused the victim to suffer economic damage of 25 million won based on the principal amount. In addition, there is a need for the corresponding punishment since the crime is poor, such as denying the crime and causing damage to the investigation agency to make statements repeatedly and repeatedly.

Provided, That the suspended sentence shall be sentenced as ordered by the decision of the court after considering the fact that the defendant has been recognized to commit the crime late, the fact that 25 million won has been deposited for the victim after the pleadings have been closed, the occupation and health conditions of the defendant, etc.