A defendant shall be punished by imprisonment for not more than ten months.

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

On June 1, 2009, the Defendant had been registered under the name of the Defendant, as to the D gas stations in Seongbuk-gu, Sungwon-si, Sungwon-si, the Defendant had been in operation as Dong business with the victim E, a friendship on June 1, 2009, and assets, including the above gas stations site and buildings, are jointly owned by the Defendant and the victim, and the Defendant was in operation of the above gas stations, but the Defendant agreed to divide the profits into 1/2, and engaged in the management and operation of the above gas stations.

Around June 20, 2011, the Defendant: (a) prepared a loan certificate stating that the said gas station site and building should be provided as collateral to F at will and borrowed KRW 70 million from F without the victim’s permission at a non-permanent place on the same business site and building, which is a business property registered in the name of the Defendant pursuant to the foregoing business agreement; (b) prepared a mortgage registration of the said site and building with a maximum amount of KRW 150 million on the said site and building; and (c) prepared a loan certificate stating that the said site and building should be provided as collateral to G and borrowed KRW 200 million from G without the victim’s permission at a non-permanent place on June 29, 2011; and (d) completed a mortgage registration of the said building with a maximum amount of KRW 70 million on the said site and building.

Accordingly, the defendant embezzled the amount of 1/2 shares of the above site of the gas station and the building on the market price which is the victim's own.

Summary of Evidence

1. Statements and statements of the accused in court records and the third trial records;

1. Each legal statement of the witness H and I;

1. Application of the Act and subordinate statutes No. 8-11, 23, 31, 78, 80-86, 88-117, 122-125 to the evidence list submitted by the prosecutor

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62(1) of the Criminal Act provides that the Defendant does not have any other criminal records, except for those sentenced to two fines, and each of the above collateral security rights in the name of F and G, shall be the gas station of this case.