A defendant shall be punished by imprisonment for not less than eight 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

1. Around March 30, 2012, the Defendant embezzled KRW 130,593,000 through five times in total, as indicated in the separate crime list, when he/she received a request from the victim D to commission the processing and purchase of the original group necessary for the manufacture of the clothes by proxy at the “C” of the clothing manufacturer in Seongdong-gu Seoul, Seongdong-gu, Seoul. In addition, the Defendant embezzled KRW 3,003,00 for the purchase of the clothes, while receiving KRW 3,00 necessary funds for the purchase of the original group, he/she embezzled for voluntary consumption, such as the Defendant’s investment and living expenses, etc. from that time to April 27, 2012.

2. The Defendant: (a) kept approximately KRW 300 Kg (at a market price equivalent to KRW 25 million) of the clothes purchased on behalf of the victim D; (b) received a request from the victim to dispose of them; (c) transported the said original group to F’s warehouse of another original contractor located in the Yangju-si on March 2012; and (d) embezzled the said original group by arbitrarily providing F with the said original group as security, which was owned by the victim, around June 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made in D in the second police interrogation protocol against the accused;

1. Each police statement concerning G, H and D;

1. Application of Acts and subordinate statutes to the certificate of deposit transaction, copy of loan certificate, copy of passbook, and business registration certificate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [decision of the type] - From 100 million to 500 million won (special scams) - Inscams for mitigation elements / [decision of the recommended area] mitigation area / [the scope of recommendation] six months to 2 years [the scope of recommendation] - where mitigation elements are not occupational embezzlement or breach of trust - serious reflectiveness - where the crime of aggravated elements is committed [whether suspended sentence] - Major reference reasons: