A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant is a person who engages in the water business under the trade name of "D," in the Glurging-gun C.

On January 25, 2012, the Defendant: (a) requested from G, a F business director operated by the victim E, to purchase scrap metal at the entrance of the Maldong, Daegu Northern-gu, Daegu-gu Office; and (b) paid KRW 80 million among them to H, who is the customer, but could not seek scrap metal; and (c) returned KRW 80 million to H, who was in custody for the victim, from January 28, 2012, kept the amount of KRW 90 million for the victim from around the same year.

2. By the end of 27.2, the Defendant arbitrarily consumed the Defendant’s business funds and personal debt repayment and embezzled KRW 90 million.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning E and G;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below) of the suspended sentence are divided into the defendant's mistake, and the defendant has agreed to do so smoothly with the victim. It is so decided as per Disposition by taking into account the following various factors: the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime.