A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 19, 2014, the Defendant entered into a business agreement with the victim D and the victim to divide the proceeds after receiving the sales proceeds from the c bank E account in the name of the said state, after selling the c bank E account in the name of the said state. On June 19, 2014, the Defendant supplied the land to the Defendant, and received the 20,000 won of the c bank E account after receiving the sales proceeds from the c bank E.

On June 30, 2014, the Defendant, while receiving KRW 531,792 from the “G” located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, the business partner of which was paid KRW 531,792, the Defendant embezzled the money by arbitrarily consuming it for the purpose of repaying existing obligations, etc. from that time, as shown in the list of crimes in the attached Table, from that time to July 9, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A contract for the meat processing;

1. Status of purchase of C;

1. A detailed statement of entry and withdrawal;

1. Statement of each transaction partner;

1. Application of the Act and subordinate statutes of the investigative report (No. 15 lists of evidence);

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Class 1 (100 million won or less) of the mitigated area (one month or October), [the person subject to special mitigation] of punishment, or a case where significant damage was restored [the decision of sentence] 2 years under the suspended sentence of six months (the defendant's age, sex, occupation, living environment, motive, means and result of the crime, including the fact that there was a significant amount of damage inflicted on the victim, but the defendant did not agree with the victim, and all other circumstances constituting the conditions for sentencing such as the defendant's age, sex, occupation, living environment, motive, means and consequence of the crime shall be determined as the disposition)