A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

From July 2011 to March 2016, the Defendant operated a wholesale business of the mutual food materials called “D” jointly with the victim C from July 2, 2011 to March 2016, the Defendant was in charge of buying goods, receiving money, managing funds, etc., and was engaged in the management of the name of D E Union accounts in the name of D, F Association accounts in the name of D, H Bank accounts in the name of Defendant’s wife, and I Bank accounts in the name of Defendant.

At the above D office around August 25, 2011, the Defendant, as seen above, used the amount equivalent to 71,726 won of the sales price of goods deposited in the H bank account under the Defendant’s wife G’s management for the victim’s business, as well as arbitrarily consumed at will for personal purposes by account transfer as communications expenses. From that time to March 16, 2016, the Defendant used the total amount of KRW 6,124,294 for 200 times as indicated in the attached crime list from the above business account to March 16, 2016, either directly account transfer from the above business account or transferred money from the Defendant’s personal account to the Defendant’s personal account for personal use, such as living expenses, repayment of debts, etc.

Accordingly, the defendant embezzled the victim's property amounting to KRW 66,124,294.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the victim C's statement);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to each investigation report, letter of commitment, content certification, business registration certificate, sales collection table by year, the current status of debts in 2016, certificate of closure, certificate of closure of business, detailed statement of deposit transaction, ledger of transaction, statement of withdrawal, settlement status, settlement status, lease agreement, and details of outstanding amounts;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62(1) of the Criminal Code of the Suspension of Execution provides that the defendant shall pay 9 million won to the victim late at the latest, and shall recover part of the damage, such as the payment to pay 2 million won per month, and the victim shall agree with the victim.