A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 2016, the Defendant agreed to select and purchase machinery and appliances from the Defendant and C and divide profits accrued from the sale of such machinery and appliances by stating to the effect that, from the mutual influence in light of the trade name and influence in the light of the game, “the profits will accrue from the purchase and sale of secondhand machinery and appliances,” the Defendant has been engaged in the business of buying and selling of secondhand machinery and the management of such machinery and appliances as the victim’s partner.

On July 19, 2016, the Defendant, while receiving KRW 2 million from the victim on the same day to the Agricultural Cooperative (D) account in the name of the Defendant in the name of the Defendant, he voluntarily consumed the victim for personal vehicle rent, monthly rent, credit card payment, etc., and voluntarily consumed KRW 18,200,00 in total five times in total, as shown in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of each police officer against the accused, B, or C;

1. Statement made by the police against B;

1. Application of the statutes on a copy of a passbook of an enterprise bank, a copy of a passbook of the bank, and a copy of a passbook of the bank

1. Articles 356 and 355 (1) of the Criminal Act, and the selection of a punishment by imprisonment, inclusive, with prison labor under Article 356 and 355 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the choice of a sentence, suspension of execution, etc.), the details and methods of the crime, and the degree of damage, the criminal liability of the defendant is not minor;

However, the Defendant and the victim are aware that the total sum of KRW 10,000,000 on December 15, 2016, which was not prosecuted by both the Defendant and the victim of the instant case, should be repaid. However, the Defendant is aware that the total sum of KRW 28,20,000 should be reimbursed.