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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 28, 2014, the Defendant loaned the business name (with limited liability company E) to the victim D, and on January 28, 2014, the Defendant opened the Gwangju Bank account (F) in the name of the Defendant to the victim.

On November 31, 2014, the Defendant came to know of the fact that the amount of tax is imposed in an amount equivalent to 50 million won under the name of corporate tax and additional tax, and requested the victim to pay it on several occasions, but the victim failed to do so, in turn, attempted to withdraw the amount of money owned by the victim from the customer of the company around every 10th of the month from the victim company to the above account.

On January 9, 2015, around 14:14, the Defendant reported the loss of a business registration certificate, identification card, etc. to the employees of the Bank from the 12 Gwangju Bank at the center of the non-Sinan-Eup, Yan-gun, Chungcheongnam-gun, Yan-gun, the Defendant released 100 million won, which was under custody for the victim after receiving a re-issuance of the passbook, and used it as personal debt repayment, living expenses

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to filing of a complaint and a statement of withdrawal;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing) [the scope of recommendation] type 2 (10 million won to be less than 500 million won) [the person who has been specially mitigated] in the mitigation area (6 months to 2 years] [the decision of sentence] in the case where the defendant's mistake is against himself/herself, the defendant's mistake is against himself/herself, the fact that he/she agreed with the victim, the fact that there is no record of crime exceeding the fine, and all other kinds of sentencing, including the means and result of the instant crime, circumstances after the crime, the defendant's age, sexual behavior, family environment, etc.