A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On March 6, 2009, the Defendant received KRW 30 million from the E’s account around April 6, 2009 and received KRW 170 million in total as a check on April 15, 2009, when the Defendant received KRW 200 million from the account in the name of E on April 6, 2009.

While the Defendant kept 200 million won in total on behalf of the victim as above, it did not reach an agreement on the above D and the change of order of registration, and thus, the Defendant embezzled the above amount by arbitrarily consuming it around April 20, 2009.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A certified copy of the real estate register, a deposit certificate without passbook, and a check before it;

1. Application of Acts and subordinate statutes to a report on investigation (F Telephone Confirmation);

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendations] / [the grounds for sentencing under Article 62-2 of the Criminal Act / [the scope of recommendations] 2 types (one hundred million won or more to five hundred million won) / [6 months to 2 years] / where punishment is not imposed or significant damage is recovered [the sentence] 200 million won is a crime of disposing of a large amount of money that is 200 million won against the trust of the injured party (the decision of sentence], and is bad, but the defendant has recovered the injured party from the damaged party and received the letter by mutual agreement. It is so decided as per the disposition.