A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 2019, the Defendant proposed that “D” stores for the operation of the Victim C located in the original city B, which the Defendant intended to operate with E, related to the adult game room business in which the Defendant intended to operate the game room, and that “to pay 50% of the revenue of the game room that is received on the face of a week by purchasing a game machine, and to pay 50% of the revenue of the game room that is received on the face of a week,” the Defendant entered into a partnership agreement with the content that the Defendant operates the game room, and the victim provided the purchase price for the game machine and received 50% of the profits of the game room

Pursuant to the aforementioned agreement, the Defendant: (a) around July 22, 2019, from damage to the National Bank Account (G) in F’s name; (b) KRW 6,500,000; and (c)

7.24. Around 24.28.500,000 won by the above F’s account and the Agricultural Cooperative account under H’s name, and the same year.

7. 25. 경 위 H 명의 계좌로 2,375,000원을 송금 받아 일명 ' 코끼리 게임기‘ 60대 및 ’ 똑딱이( 게임을 자동으로 진행할 수 있도록 게임기 버튼을 눌러 주는 도구)‘ 약 70개를 구입하고 2019. 8. 경 원주시 J 건물 9 층 소재 'K 게임 장 '에서 위 각 똑딱이를 설치한 위 게임기 60대를 보관하던 중, 2019. 9. 2. 경 이삿짐업체를 이용하여 원주시 L에 있는 ’M‘ 보관창고로 위 게임기 60대를 옮기고, 2019. 11. 경 중고 게임기 매매업자 N에게 두 차례에 걸쳐 시가 합계 37,375,000원 상당의 위 게임기 60대를 판매하였다.

Accordingly, the Defendant embezzled by arbitrarily disposing of the property of the same kind with the victim while keeping it.

Summary of Evidence

1. Application of the Police Statement Report (Submission of Additional Documents by Complainant), Investigation Report (Calculation of Damages) to the defendant's legal statement C to the defendant's statement C, to the investigation report (Calculation of Damages);

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

1. Although the amount of the embezzlement for the reason of sentencing under Article 62(1) of the Criminal Act is not much significant, the Defendant, who paid the victim the amount of KRW 10 million, and only agreed to do so.