A defendant shall be punished by imprisonment with prison labor for four months.

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 3, 2016, the Defendant issued KRW 35,80,00 to the victim at the restaurant operated by the victim D, which was operated by the victim D, Young-gu, Chungcheongnam-gu, Cheongju, to the effect that “If the Defendant is entrusted with KRW 35,80,00,00 to B, it shall be deposited into this Section and shall be allowed to join this Section 2, a stock company, etc.” upon receipt of a request from the victim to join this Section, and received KRW 35,80,00 from the victim.

While the Defendant kept the above money for the victim, on March 14, 2016, remitted the money of KRW 17.9 million to this Solar Co., Ltd. and arbitrarily consumed the remainder of KRW 17.9 million as personal living expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A criminal investigation report (to hear statements from witnesses E and to attach data);

1. A detailed statement of deposit transactions, details of deposit and withdrawal transactions, and inquiry into details of financial transactions;

1. Application of each of the Acts and subordinate statutes governing this section;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the materials recorded in the records of this case alone are not sufficient to issue an order for compensation in criminal proceedings, such as that the amount of compensation to be paid by the defendant cannot be clearly calculated to the applicant). Reasons for sentencing;

1. The basic area (four months to one year and four months) of the recommended punishment according to the sentencing criteria (the scope of the recommended punishment) (the scope of the punishment shall be less than 100 million won)

2. Taking into account the fact that there is no previous conviction or heavier than that of a fine, the victim does not want the punishment, and the fact that the mistake is recognized and reflected in the sentencing conditions in Article 51 of the Criminal Act. In full view of the Sentencing conditions in Article 51 of the Criminal Act, the sentence is determined as ordered.