A defendant shall be punished by imprisonment for one year.

However, 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

Defendant has no fixed occupation.

On December 2, 2014, the Defendant: (a) received delegation from the victim E (hereinafter “D”) to make an investment in stocks for a female; and (b) made an investment in stocks for that female; and (c) decided to return the profits therefrom; and (d) received money from the damaged party on a stock exchange site, once he/she decided to use the money for investment in stocks for his/her debt, living expenses, etc.

Around April 20, 2017, the Defendant received KRW 84,000,00 from the injured party, KRW 180,000,00 from the account in the name of the Defendant, respectively, on or around June 1, 2017, and kept KRW 84,00,000 from the injured party to the account in the name of the Defendant. On or around April 20, 2017, the Defendant arbitrarily transferred KRW 10,00,000 to the account of the National Bank in the name of G in order to repay the Defendant’s personal business debt, and used KRW 10,000,000 in total over 43 times from that time to July 3, 2017.

Accordingly, the Defendant embezzled 105,473,460 won of the victim’s share investment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the details of the account of the recipient's own forestry cooperative, the details of securities account 1 (H account), the details of securities account 2 (H account), and the details of securities account 3 (I account) statutes;

1. Relevant Article 355 of the Criminal Act and Article 355 of the Criminal Act and the choice of punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Where significant damage has been restored to the mitigation area (six months to two years), in the category 2 (the scope of the recommended punishment between KRW 100 million and KRW 500 million) (the scope of the recommended punishment).

3. According to the decision of sentence, all factors of sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, family relation, motive for the crime, means and result of the crime, etc., shall be considered and ordered as ordered.