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

On October 2014, the Defendant awarded a contract for the construction work of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building.

After that, the victim company completed the construction of the above Bara's floor and the delivery of remote areas, and the defendant transferred the construction cost of KRW 14,301,000 to the bank account of the defendant from December 2014 to March 16, 2015 to the bank account of the defendant and kept for the victim, the defendant used the above 14,301,000 won to the victim company for the same period without paying the above 14,301,00 won to the victim company for other construction accounts and living expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of data, such as power of attorney, etc.) and a report on investigation (verification of counter-project owner);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., the reflection of a punishment, the absence of a previous conviction exceeding a fine, and the absence of any record of punishment for the same kind of crime);