A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Around the first half of 2015, the Defendant entered into an agreement with C, a foreigner of the victim B and Mabekian nationality, to arrange for the production of plant facilities between D and E, a company and E, and entered into an agreement to have one-third of each of the above brokerage funds received from D, while engaging in the business of mediating the production of plant facilities between D and E, a company, and E, a company.

Around May 6, 2015, the Defendant, the victim, and C entered into a loan payment contract with D Co., Ltd. to receive an amount of KRW 150 million in total over six times. The Defendant, according to the above loan payment contract, transferred the amount of KRW 150 million, which is the victim’s share, from D, to the account in the name of the Defendant, on May 11, 2015 according to the above loan payment contract.

After July 8, 2015, the Defendant

7. Around September 1, 200, KRW 15 million, which was transferred from Co., Ltd. D to the Defendant’s name Nonghyup Bank account (the first intermediate payment) 4,351,00 won to the Defendant’s transfer and had the victim keep the victim’s share for the sake of the victim. However, the victim unilaterally did not have been able to take charge of the business operation agreement, and thus, the said KRW 15 million was asserted as the Defendant’s sole ownership and used the said KRW 15 million at his own discretion without the consent of the victim.

Accordingly, the Defendant embezzled the above KRW 15 million stored for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Application of Acts and subordinate statutes to a contract for payment, details of account transactions, and content of e-mail transmission;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing as below) [the scope of the recommended sentence] Class 1 (100 million won).