However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On July 31, 2012, the Defendant, as an employee of the Housing Management Company B, was in charge of management of the apartment complex C in the Cheongju-si, which entered into a management entrustment contract by the said Company. From August 1, 2012 to February 2, 2016, the Defendant was in charge of management expenses, long-term repair allowances or other claims, receipt and disbursement for performing duties concerning the operation, management, etc. of the said apartment complex, and management of the amount thereof.

On January 7, 2013, the Defendant, at the management office of the above apartment, received management expenses of KRW 182,360 from the occupant of 201 Dong 103, and used them for personal debt repayment, etc. around that time.

In addition, from around that time to December 29, 2015, the Defendant arbitrarily consumed KRW 39,628,717 in total over 106 times as shown in the list of crimes in the attached Table.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A review report;

1. Application of statutes to a report on audit results;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the sentencing criteria [the scope of recommended punishment] category 1 (the range of punishment shall be less than 100 million won) is mitigated (one month to October) (the person who has been specially mitigated) and the punishment is not mitigated, or a significant damage is recovered;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The amount of damage is about 40 million won, the embezzlement is made over several times for a long time, and the damage is fully recovered, and there is no criminal record other than a single minor fine.