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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 3, 2013, the Defendant: (a) requested the Victim C to sell D's franchises to be owned by the victim; (b) sold the said car to E on October 4, 2013; and (c) received KRW 16,500,000 from a new bank account (F) in the name of the Defendant, and embezzled the said money by borrowing the said money to G, who is arbitrarily in custody for the victim, while being transferred to E on October 4, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol law to C
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
2. Reasons for the sentencing of Article 62(1) of the Criminal Act [decision of the Suspension of Execution] EmbezzlementThe reason for the sentencing of Article 62(1) of the Criminal Act / [Decision of the Sentencing] Type 1 (Decision of the Sentencing below 100 million won] [Decision of the Recommendation Area] / April to April 1 [the scope of recommendation] / there is no record of the serious anti-discrimination criminal punishment in the event that the mitigation element is not occupational embezzlement or breach of trust / [whether suspended sentence] - Where the positive damage is considerably small: Where the positive damage is considerably small, the reason for the general participation - Where the detention of the defendant's defendant's defendant's defendant's defendant's defendant's defendant's custody without considerable difficulty [decision of the sentence] accompanied by excessive difficulty (decision of the sentence], but the defendant's responsibility is significant, considering the fact that the victim does not want the defendant's punishment against the defendant, that there is a large number of family members of the defendant, that there are many financial circumstances and no social relationship exists prior to the order of this case.