1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

On January 29, 2015, the Defendant was sentenced to a suspended sentence of one year for embezzlement at the Seosan Branch of the Daejeon District Court, and the judgment became final and conclusive on February 6, 2015.

On April 27, 2009, the Defendant would take over the scrap metal and steel manufacturing business entity (owner) from the victim E at the office of Jin-si (State) in Jin-si (State) D on April 27, 2009 to supply the victim E with 50 won per 1 km (50 won per market price) gold and steel manufacturing business entity.

A contract for the supply of scrap metal with the victim was concluded by stating that "in advance payment of KRW 300 million is made with the value of the goods."

However, the Defendant did not have any intent or ability to supply scrap metal to the victim, since the financial situation of the Plaintiff (State) significantly deteriorated to the extent that it would not be possible for the Defendant to pay wages to the employees of the Plaintiff due to the fact that the Plaintiff was unable to actually recover the amount of the Promissory Notes amounting to KRW 1.8 billion issued by Han (State) due to the final default on October 29, 2008.

The Defendant: (a) by deceiving the victim as above; and (b) acquired property benefits by receiving KRW 300 million from the transfer of money to the Agricultural Cooperative Account under the name of the Defendant’s name designated on the same day from the victim; (c)

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A transaction contract, a rapid increase in the number of deposits without passbook, and details of each deposit and withdrawal transaction;

1. Previous convictions in judgment: Application of the evidence No. 1 (No. 1) Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [the scope of the recommended sentence] In a case where: (a) type 2 (at least KRW 100 million, less than KRW 500 million, less than KRW 500) in the mitigation area (from October to February 6); (b) in a case where punishment is not imposed or considerable damage is recovered (the decision of sentence is rendered].