A defendant shall be punished by imprisonment for six 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 February 18, 2014, the Defendant was sentenced to one year of imprisonment for fraud in the Gangnam Branch Branch of the Chuncheon District Court, and the Defendant filed an appeal on the 19th of the same month, and was sentenced to a suspended execution judgment in the same court, and the said judgment became final and conclusive on May 2014.

The Defendant, at around November 12, 2012, was keeping about 17 drums ( approximately 6 million won per victim E) at the warehouse of the D farm farm operated by the Defendant, which was located in Gangnam-si, Seoul around November 12, 2012. On December 2, 2012, the Defendant transferred the said 17 drums to G warehouse located in the Hanam-si F as designated by the victim.

On March 21, 2013, the Defendant entered into an consignment contract with the victim on March 21, 2013 with regard to the above 17drum, and kept the above 17drums as a D agricultural partnership farm warehouse operated by himself and kept them for the victim. At that time, the Defendant embezzled property worth KRW 78,000,000 at the market price by selling 13 drums without the victim’s consent.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made by the prosecutor's office of the accused (two times, three times, and four times) in each protocol of examination of the accused;

1. Statement E in the suspect examination protocol (two times) of the accused by the prosecution;

1. Each police statement of E;

1. Recording recording, recording, reporting, and recording;

1. Certificates of custody and each certificate of borrowing;

1. A complaint;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 (Selection of Imprisonment or Imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. The sentencing criteria shall not apply to crimes subject to the setting of the sentencing criteria and those subject to the latter part of Article 37 of the Criminal Act.

3. The fact that the victim of the decision of sentencing agrees and does not want the punishment of the defendant, and that equality with the case that the decision is to be rendered simultaneously with the crime for which the decision has become final and conclusive.