A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 2015, the Defendant provided 60 game machines equivalent to 40 million won at the market price by operating the victim D and game room, and provided 60 game machines equivalent to 40 million won at the beginning of December 2015 through January 2016, the Defendant suspended the operation of the game room by operating the game room with the victim in the vicinity of the Seo-gu, Gwangju, and had the game machine stored in a warehouse near the area of the Gwangju mine.

However, on June 2016, the Defendant sold 60 games to G, a lessor of the game, who was in custody of the victim at the above warehouse, at his/her own discretion and embezzled them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the head of this case's game room is operated as a partnership business by the defendant and the victim. Accordingly, the above game room is not a sole ownership of the victim, but a partnership business property belonging to the defendant and the victim, and regardless of its name, the defendant paid the victim about seven million won (7.2 million won according to the victim's statement at the police station) out of the sales price of the above game machine, and the defendant recognized and reflected the defendant's criminal act for the same kind of crime.