A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

Around November 2014, the victim B, C, and D respectively entered into a contract for the manufacture and supply of the automatic system to be installed in the ships owned by the defendant and the victims, and they entered into a contract with E to install the automatic system manufactured by the defendant on each of the above ships.

On November 2014, the Defendant received KRW 30 million from the above victims as the contract deposit for the production of the two network, and agreed to receive KRW 15 million out of the balance of the two network production, including KRW 15 million, to be paid separately by the above victims, on the ground that the Defendant shall issue the tax account statement equivalent to KRW 60 million in the name of the F Company, upon completion of the three installation works of the two network produced by the Defendant around December 12, 2014.

On December 24, 2014, the Defendant received the total sum of KRW 15 million from the foregoing victims to pay to E at the F Company's office located in G around Simpo-si on the same day and used it for personal purposes on the same day while the Defendant received remittance for payment to E.

Accordingly, while the defendant kept another's property, he embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. Application of written estimates and transaction details Acts and subordinate statutes;

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

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

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. According to the sentencing guidelines, if the scope of the recommended sentence [the scope of the recommended sentence] No. 1 (100 million won or less) (one month or October) (the person subject to special mitigation] is not subject to punishment, or a significant damage is recovered, the court shall consider the victim who actually suffered interest on the crime of this case as a mitigation element.

3. The range of sentence comparison between the sentences and the recommended sentences: