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

From June 2014 to March 21, 2016, the Defendant is a driver of “D”, who is a cargo carrier operated by the victim C, and was engaged in the business of transporting E-lane cargo owned by “D” and collecting transport charges from customers.

On January 6, 2015, the Defendant collected KRW 374,00 from F for transportation expenses from F, and consumed them for personal purposes, such as living expenses, around that time.

From around that time to December 31, 2015, the Defendant collected the total sum of KRW 18,709,700 from 67 times in the same manner as indicated in the attached Table of Crimes, and consumed KRW 18,709,700 for personal purposes.

As a result, the Defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police with respect to C; 1. Application of the Criminal Complaint, a detailed statement of deposit transaction records, and a copy of the accounting account book;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] Type 1 (100 million won) (the decision of sentence] / The basic area (4 to 1 year and 4 months) / The period of the instant crime is about one year, but not agreed with the victim. However, although the defendant divided his/her wrong and reflects his/her fault, the defendant appears to have used it as living expenses to support his/her family, and other circumstances, such as the defendant's age, character and behavior, environment, and the amount of damage in this case, etc., shall be determined as per the order.