A defendant shall be punished by imprisonment for six months.

except that 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 June 15, 2012, the Defendant borrowed KRW 10 million from the Victim E to the “D” store operated by the Defendant in Yong-si, Namwon-si, and provided it as security to the victim with the claim to return KRW 20 million from the said Plaintiff. Thus, even though the Defendant’s duty to manage the above claim to return the deposit, which was offered as security for the victim’s interest, was to maintain the value of the above claim to return the deposit, the Defendant borrowed KRW 15 million from the Smaman Savings Bank on August 28, 2012, borrowed the above claim to return the deposit from the Smaman Savings Bank and transferred it to the Sma Savings Bank, thereby gaining profit of KRW 20 million to the said Sma Savings Bank, and suffered damage equivalent to the above amount to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Statement to E by the police;

1. A complaint;

1. Application of loan certificates, notices on the assignment of claims, notices on the assignment of claims, financial transaction details, and decisions and subordinate statutes;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) and (1) of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by sentence: Imprisonment for not more than five years;

2. The scope of the sentence recommended on the sentencing criteria [type of crime] embezzlement and breach of trust, and the absence of Type 1 (less than KRW 100 million) [decision of the scope of sentence] [decision of the scope of sentence] basic area (at least four months through April 1);

3. Determination of sentence: A sentence of imprisonment with prison labor shall be decided in consideration of the fact that the defendant for six months of imprisonment or two years of suspended sentence was unable to recover damage to the victim, and it shall be decided as ordered in the light of the fact that the defendant has no record of punishment for the same kind of crime and the amount of