A defendant shall be punished by imprisonment for six 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

On May 30, 2019, the Defendant was sentenced to ten months of imprisonment for fraud in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on October 8 of the same year.

1. At around 16:00 on February 24, 2018, the Defendant embezzled the CNC Line 3 of the market value equivalent to KRW 20 million owned by the victim E on behalf of the victim, which arbitrarily transferred to F under the pretext of debt repayment, while the Defendant kept three of the CNC Line 3 of the market value of the victim E on behalf of the victim.

2. At around 17:00 on February 26, 2018, the Defendant, at the above location, embezzled a half of the charter party in the market price of the victim E, which was kept by the victim for the victim, to G at his/her own discretion, and was transferred to G for debt repayment.

Summary of Evidence

1. Each police suspect interrogation protocol of the defendant with respect to H, I, and G concerning the defendant's legal statement F, each police protocol of the police officer's protocol of the defendant, each complaint, and each investigation

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act (the point of each embezzlement): The choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution of Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Embezzlement) (Embezzlement of Embezzlement of Embezzlement of Embezzlement of Misappropriation of Embezzlement of Misappropriation of Misappropriation of Embezzlement of Embezzlement of 101 [Type 1] and no person who is a special person [the scope of recommending area and recommendation] of less than KRW 100 million [the scope of recommending area and recommendation] basic area, imprisonment of 4 to 1 year

(b) Class 2 crime (Embezzlement) [Determination of Punishment]. Embezzlement and Breach of Trust [Type 1] No person (special person) less than KRW 100 million [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor from April to April 14 months;

(c) Scope of recommendations according to the standards for handling multiple crimes: From 4 to 2 years of imprisonment (the maximum limit of crimes No. 2).

3. The decision of sentence shall be in the same kind with the accused twice as a stay of execution.